Property Compliance Ltd v Donovan [2007] DRS 4567 (26 June 2007)

Property Compliance Ltd v Donovan [2007] DRS 4567 (26 June 2007)

The term 'property compliance' is wholly descriptive of the complainant's business and thus does not confer rights under the Nominet UK DRS Policy. The complainant failed to establish the first element of the required test, so the application must fail.

Citation
[2007] DRS 4567
Parties
Complainant: Property Compliance Limited; Respondent: Brett Donovan
Jurisdiction
United Kingdom
Judgment Date
26 June 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Application refused
Legal Topics
Domain Name Disputes, Passing Off, Descriptive Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Passing Off Descriptive Marks Abusive Registration

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Parties

Property Compliance Limited

Complainant

Brett Donovan

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The term 'property compliance' is wholly descriptive of the complainant's business and thus does not confer rights under the Nominet UK DRS Policy. The complainant failed to establish the first element of the required test, so the application must fail.

Court Disposition

Application refused