BlissWorld Ltd & BlissWorld LLC -v- Blissworld [2002] DRS 444 (8 August 2002)

BlissWorld Ltd & BlissWorld LLC -v- Blissworld [2002] DRS 444 (8 August 2002)

The Complainant established rights in the name 'blissworld' but failed to prove that the domain name was registered or used abusively. The evidence did not show the Registrant acted with knowledge of the Complainant's rights or with intent to take unfair advantage or cause detriment. The registration was not abusive under the Policy.

Citation
[2002] DRS 444
Parties
Complainant: BlissWorld Limited and BlissWorld LLC; Respondent: Blissworld
Jurisdiction
United Kingdom
Judgment Date
08 August 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

BlissWorld Limited and BlissWorld LLC

Complainant

Blissworld

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 is an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The Complainant established rights in the name 'blissworld' but failed to prove that the domain name was registered or used abusively. The evidence did not show the Registrant acted with knowledge of the Complainant's rights or with intent to take unfair advantage or cause detriment. The registration was not abusive under the Policy.

Court Disposition

Complaint dismissed