TurboChip A/S & Anor v John [2006] DRS 4020 (12 December 2006)

TurboChip A/S & Anor v John [2006] DRS 4020 (12 December 2006)

On the balance of probabilities, the Complainants have rights in the 'Turbochip' mark, and the Respondent's use of the domain name has caused confusion and is an abusive registration. The Respondent's prior legitimate connection through CPS does not provide a defence after termination of that relationship.

Citation
[2006] DRS 4020
Parties
First Complainant: Turbochip A/S; Second Complainant: Specialist Autosport Services Ltd; Respondent: Christopher John
Jurisdiction
United Kingdom
Judgment Date
12 December 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Registration, Trade Mark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Abusive Registration

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Parties

Turbochip A/S

First Complainant

Specialist Autosport Services Ltd

Second Complainant

Christopher John

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the Complainants have rights in a 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

On the balance of probabilities, the Complainants have rights in the 'Turbochip' mark, and the Respondent's use of the domain name has caused confusion and is an abusive registration. The Respondent's prior legitimate connection through CPS does not provide a defence after termination of that relationship.

Court Disposition

Domain name transfer ordered

Orders

  • Domain name turbochip.co.uk to be transferred to Specialist Autosport Services Ltd