Coventry Building Society v Holloway [2008] DRS 5303 (12 February 2008)

Coventry Building Society v Holloway [2008] DRS 5303 (12 February 2008)

The domain name is a misspelling of the complainant's name and is being used to deceive customers into believing it is the complainant's genuine site, thereby taking unfair advantage of the complainant's rights.

Citation
[2008] DRS 5303
Parties
Complainant: Coventry Building Society; Respondent: Byron Holloway
Jurisdiction
United Kingdom
Judgment Date
12 February 2008
Procedural Posture
Domain Name Dispute / Independent Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off

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Parties

Coventry Building Society

Complainant

Byron Holloway

Respondent

Procedural Posture

Domain Name Dispute / Independent Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The domain name is a misspelling of the complainant's name and is being used to deceive customers into believing it is the complainant's genuine site, thereby taking unfair advantage of the complainant's rights.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of domain name coventrybuildnigssociety.co.uk to Coventry Building Society