HBOS plc -v- Hodges [2002] DRS 295 (13 June 2002)

HBOS plc -v- Hodges [2002] DRS 295 (13 June 2002)

On the balance of probabilities, the Respondent registered the Domain Name hbos.co.uk in a manner which took unfair advantage of the Complainant's Rights, primarily for the purpose of selling it for valuable consideration, and thereby constitutes an Abusive Registration under the Policy.

Citation
[2002] DRS 295
Parties
Complainant: HBOS plc; Respondent: Andy Hodges
Jurisdiction
United Kingdom
Judgment Date
13 June 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain Name Transfer Ordered
Legal Topics
Domain Name Registration, Abusive Registration, Trade Mark Rights, Cybersquatting
Intellectual Property Internet Law Domain Name Registration Abusive Registration Trade Mark Rights Cybersquatting

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Parties

HBOS plc

Complainant

Andy Hodges

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether HBOS plc has Rights in the name HBOS identical or similar to the Domain Name
  2. 2 Whether the Domain Name hbos.co.uk is an Abusive Registration in the hands of the Respondent

Ratio Decidendi

On the balance of probabilities, the Respondent registered the Domain Name hbos.co.uk in a manner which took unfair advantage of the Complainant's Rights, primarily for the purpose of selling it for valuable consideration, and thereby constitutes an Abusive Registration under the Policy.

Court Disposition

Domain Name Transfer Ordered

Orders

  • The Domain Name hbos.co.uk is to be transferred to HBOS plc.