Alliance & Leicester Plc v Picken [2006] DRS 3453 (29 March 2006)

Alliance & Leicester Plc v Picken [2006] DRS 3453 (29 March 2006)

The complainant established rights in the relevant marks. The respondent registered the domain name in full knowledge of the complainant's goodwill and with intent to profit from it, as evidenced by the similarity of the name, the use of a parking page with advertising links, and a pattern of similar registrations. These factors render the registration abusive under the DRS Policy, warranting transfer of the domain name.

Citation
[2006] DRS 3453
Parties
Complainant: Alliance & Leicester plc; Respondent: Andy Picken
Jurisdiction
United Kingdom
Judgment Date
29 March 2006
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

Alliance & Leicester plc

Complainant

Andy Picken

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the marks 'Alliance & Leicester' and 'Alliance Leicester'
  2. 2 Whether the domain name registration is abusive under the DRS Policy

Ratio Decidendi

The complainant established rights in the relevant marks. The respondent registered the domain name in full knowledge of the complainant's goodwill and with intent to profit from it, as evidenced by the similarity of the name, the use of a parking page with advertising links, and a pattern of similar registrations. These factors render the registration abusive under the DRS Policy, warranting transfer of the domain name.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The registration of alliance-leceister.co.uk is to be transferred to Alliance & Leicester plc.