Aquinas Ltd -v- Aquinas IT Ltd [2003] DRS 918 (12 June 2003)
The Respondent registered and used the domain name before the Complainants' trademark registration and has been commonly known by a similar name in connection with genuine business. The Complainants failed to prove the domain name was an abusive registration under the DRS Policy.
- Citation
- [2003] DRS 918
- Parties
- Complainant: Aquinas Ltd; Complainant: Aquinas International Ltd; Respondent: Aquinas I. T. Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 12 June 2003
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Complaint dismissed
- Legal Topics
- Domain Name Disputes, Trademark Infringement, Passing Off, Abusive Registration
Case Brief
Summary, issues, holding and outcome
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Parties
Aquinas Ltd
Complainant
Aquinas International Ltd
Complainant
Aquinas I. T. Ltd
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the registration and use of the domain name aquinas.co.uk by the Respondent constitutes an abusive registration under the Nominet DRS Policy
- 2 Whether the Respondent's use of the domain name infringes the Complainants' trademark rights or constitutes passing off
Ratio Decidendi
The Respondent registered and used the domain name before the Complainants' trademark registration and has been commonly known by a similar name in connection with genuine business. The Complainants failed to prove the domain name was an abusive registration under the DRS Policy.
Court Disposition
Complaint dismissed
Orders
- The domain name aquinas.co.uk shall remain with the Respondent.
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