1st Choice Leisure Buildings v Shearhod [2006] DRS 3944 (24 October 2006)

1st Choice Leisure Buildings v Shearhod [2006] DRS 3944 (24 October 2006)

The complainant failed to provide sufficient evidence of enforceable rights in the name or mark and did not demonstrate that the domain name registration was abusive or caused confusion as required by the Policy.

Citation
[2006] DRS 3944
Parties
Complainant: 1st Choice Leisure Buildings; Respondent: Cameron Shearhod
Jurisdiction
United Kingdom
Judgment Date
24 October 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Goodwill, Unregistered Trademark Rights, Generic Domain Names
Intellectual Property Domain Name Law Abusive Registration Goodwill Unregistered Trademark Rights Generic Domain Names

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Parties

1st Choice Leisure Buildings

Complainant

Cameron Shearhod

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant failed to provide sufficient evidence of enforceable rights in the name or mark and did not demonstrate that the domain name registration was abusive or caused confusion as required by the Policy.

Court Disposition

Complaint dismissed

Orders

  • The domain name shall remain in the hands of the respondent.