Tattersall v Brainfire Group [2007] DRS 04575 (13 May 2007)

Tattersall v Brainfire Group [2007] DRS 04575 (13 May 2007)

The complainant has established rights in the name identical to the domain name and, given the respondent's history of abusive registrations and lack of legitimate reason, the domain name is an abusive registration. The presumption under paragraph 3(c) applies and is not rebutted.

Citation
[2007] DRS 04575
Parties
Complainant: Clive Tattersall; Respondent: Brainfire Group
Jurisdiction
United Kingdom
Judgment Date
13 May 2007
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Abusive Registration, Goodwill, Unregistered Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Goodwill Unregistered Rights

Case Brief

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Parties

Clive Tattersall

Complainant

Brainfire Group

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name identical to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant has established rights in the name identical to the domain name and, given the respondent's history of abusive registrations and lack of legitimate reason, the domain name is an abusive registration. The presumption under paragraph 3(c) applies and is not rebutted.

Court Disposition

Complaint upheld

Orders

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