Applied Minds Inc v Applied Minds Ltd [2010] DRS 8218 (21 April 2010)

Applied Minds Inc v Applied Minds Ltd [2010] DRS 8218 (21 April 2010)

The complainant proved rights in the name 'Applied Minds' but failed to prove, on the balance of probabilities, that the respondent had knowledge of the complainant or its rights at the relevant dates; therefore, the domain name is not an abusive registration under the Policy.

Citation
[2010] DRS 8218
Parties
Complainant: Applied Minds, Inc.; Respondent: Applied Minds Limited
Jurisdiction
United Kingdom
Judgment Date
21 April 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint denied
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration Passing Off

Case Brief

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Parties

Applied Minds, Inc.

Complainant

Applied Minds Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The complainant proved rights in the name 'Applied Minds' but failed to prove, on the balance of probabilities, that the respondent had knowledge of the complainant or its rights at the relevant dates; therefore, the domain name is not an abusive registration under the Policy.

Court Disposition

Complaint denied

Orders

  • No action to be taken with regard to the domain name