Sylvia Broeckx t/a Ever After Video Productions v Branchcom Ltd [2006] DRS 3853 (18 September 2006)
The complainant established rights in a name similar to the domain name through trading and goodwill. The respondent registered and used the domain name to divert business from the complainant, taking unfair advantage of her rights. The domain name is therefore an abusive registration.
- Citation
- [2006] DRS 3853
- Parties
- Complainant: Sylvia Broeckx t/a Ever After Video Productions; Respondent: Branchcom Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 September 2006
- Procedural Posture
- Domain Name Dispute / Decision of Independent Expert
- Outcome
- domain name transferred to complainant
- Legal Topics
- 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.
Parties
Sylvia Broeckx t/a Ever After Video Productions
Complainant
Branchcom Limited
Respondent
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration in the hands of the respondent
Ratio Decidendi
The complainant established rights in a name similar to the domain name through trading and goodwill. The respondent registered and used the domain name to divert business from the complainant, taking unfair advantage of her rights. The domain name is therefore an abusive registration.
Court Disposition
domain name transferred to complainant
Orders
- The domain name everaftervideo.co.uk should be transferred to the complainant.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment