Schwing Ltd v Another.com Ltd [2007] DRS 4168 (2 January 2006)

Schwing Ltd v Another.com Ltd [2007] DRS 4168 (2 January 2006)

The Complainant failed to establish on the balance of probabilities that it has rights in a name or mark identical or similar to the domain name, as required by the DRS Policy. There was no evidence of trade mark ownership, licence, assignment, or goodwill in the name SCHWING by the Complainant.

Citation
[2007] DRS 4168
Parties
Complainant: Schwing Limited; Respondent: Another.com Limited
Jurisdiction
United Kingdom
Judgment Date
02 January 2006
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Trade Mark Rights, Abusive Registration, Company Name Rights
Intellectual Property Domain Name Disputes Trade Mark Rights Abusive Registration Company Name Rights

Case Brief

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Parties

Schwing Limited

Complainant

Another.com Limited

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has rights in the name or mark identical or similar to the domain name under the DRS Policy
  2. 2 Whether the domain name in the hands of the Respondent constitutes an abusive registration

Ratio Decidendi

The Complainant failed to establish on the balance of probabilities that it has rights in a name or mark identical or similar to the domain name, as required by the DRS Policy. There was no evidence of trade mark ownership, licence, assignment, or goodwill in the name SCHWING by the Complainant.

Court Disposition

Complaint dismissed