Newsquest Media Group Ltd v Brainfire Group [2007] DRS 4551 (14 May 2007)

Newsquest Media Group Ltd v Brainfire Group [2007] DRS 4551 (14 May 2007)

The complainant owns rights in the name 'Banbury Cake' and has established goodwill sufficient for a passing-off claim. The domain name is identical to the complainant's newspaper name. The respondent has been found to have made abusive registrations in at least four DRS cases in the last two years, triggering a presumption of abusive registration, which was not rebutted. Therefore, the domain name is an abusive registration and should be transferred.

Citation
[2007] DRS 4551
Parties
Complainant: Newsquest Media Group Limited; Respondent: Brainfire Group
Jurisdiction
United Kingdom
Judgment Date
14 May 2007
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Newsquest Media Group Limited

Complainant

Brainfire Group

Respondent

Procedural Posture

Domain Name Dispute / Decision of 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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant owns rights in the name 'Banbury Cake' and has established goodwill sufficient for a passing-off claim. The domain name is identical to the complainant's newspaper name. The respondent has been found to have made abusive registrations in at least four DRS cases in the last two years, triggering a presumption of abusive registration, which was not rebutted. Therefore, the domain name is an abusive registration and should be transferred.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name should be transferred to the complainant