The Buckland Project Ltd v B-Com International [2007] DRS 4938 (11 September 2007)

The Buckland Project Ltd v B-Com International [2007] DRS 4938 (11 September 2007)

The complainant has rights in a name identical to the domain name and the domain name was registered as a result of the parties' relationship, with the complainant using and paying for the registration. This satisfies the test for abusive registration under the Policy.

Citation
[2007] DRS 4938
Parties
Complainant: The Buckland Project Ltd; Respondent: B-Com International
Jurisdiction
United Kingdom
Judgment Date
11 September 2007
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Registration, Abusive Registration, Rights in Domain Names
Intellectual Property Internet Law Domain Name Registration Abusive Registration Rights in Domain Names

Case Brief

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Parties

The Buckland Project Ltd

Complainant

B-Com International

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

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 has rights in a name identical to the domain name and the domain name was registered as a result of the parties' relationship, with the complainant using and paying for the registration. This satisfies the test for abusive registration under the Policy.

Court Disposition

domain name transfer ordered

Orders

  • The domain name bucklandhall.co.uk is to be transferred to the complainant.