Berkeley Square Trading Ltd v BG Consult Ltd [2006] DRS 3267 (16 March 2006)

Berkeley Square Trading Ltd v BG Consult Ltd [2006] DRS 3267 (16 March 2006)

The complainant has rights in the 'Bulgarian Dreams' mark, and the domain name is similar, but the evidence does not establish that the respondent registered the domain name to disrupt the complainant's business or take unfair advantage. The domain name is descriptive and used fairly, and there is no likelihood of confusion sufficient to constitute abusive registration.

Citation
[2006] DRS 3267
Parties
Complainant: Berkeley Square Trading Ltd; Respondent: BG Consult Ltd, trading as Blue Chip Computer Solutions Limited
Jurisdiction
United Kingdom
Judgment Date
16 March 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Passing Off Abusive Registration

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Parties

Berkeley Square Trading Ltd

Complainant

BG Consult Ltd, trading as Blue Chip Computer Solutions 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 constitutes an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant has rights in the 'Bulgarian Dreams' mark, and the domain name is similar, but the evidence does not establish that the respondent registered the domain name to disrupt the complainant's business or take unfair advantage. The domain name is descriptive and used fairly, and there is no likelihood of confusion sufficient to constitute abusive registration.

Court Disposition

Complaint dismissed

Orders

  • Domain name is not to be transferred to the complainant