Quit v Bowler [2008] DRS 5838 (29 August 2008)

Quit v Bowler [2008] DRS 5838 (29 August 2008)

The complainant established rights in the 'QUIT' mark, which is similar to the domain name. The domain name was registered and used with knowledge of the complainant's activities and with the intention of taking financial advantage of the similarity, constituting abusive registration under the Policy.

Citation
[2008] DRS 5838
Parties
Complainant: Quit; Respondent: Christopher Bowler
Jurisdiction
United Kingdom
Judgment Date
29 August 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Trade Marks, Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Quit

Complainant

Christopher Bowler

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the 'QUIT' mark, which is similar to the domain name. The domain name was registered and used with knowledge of the complainant's activities and with the intention of taking financial advantage of the similarity, constituting abusive registration under the Policy.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

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