Shooting People Ltd v Hai [2006] DRS 3616 (27 July 2006)

Shooting People Ltd v Hai [2006] DRS 3616 (27 July 2006)

The respondent registered and used the domain name with knowledge of the complainant's rights and goodwill, primarily to disrupt the complainant's business and cause confusion, amounting to abusive registration under the Policy.

Citation
[2006] DRS 3616
Parties
Complainant: Shooting People Limited; Respondent: Andrew Hai
Jurisdiction
United Kingdom
Judgment Date
27 July 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration Passing Off

Case Brief

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Parties

Shooting People Limited

Complainant

Andrew Hai

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The respondent registered and used the domain name with knowledge of the complainant's rights and goodwill, primarily to disrupt the complainant's business and cause confusion, amounting to abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Domain name to be transferred to the complainant