Fish 4 Ltd -v- Clickandstay [2003] DRS 1097 (6 October 2003)

Fish 4 Ltd -v- Clickandstay [2003] DRS 1097 (6 October 2003)

The complainant has rights in the 'fish4' mark, and the respondent registered and used the domain names primarily to disrupt the complainant's business and for potential sale at a profit, constituting abusive registration under the Nominet DRS Policy.

Citation
[2003] DRS 1097
Parties
Complainant: Fish 4 Limited; Respondent: Clickandstay
Jurisdiction
United Kingdom
Judgment Date
06 October 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

Fish 4 Limited

Complainant

Clickandstay

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a mark similar to the disputed domain names
  2. 2 Whether the domain names are abusive registrations in the hands of the respondent

Ratio Decidendi

The complainant has rights in the 'fish4' mark, and the respondent registered and used the domain names primarily to disrupt the complainant's business and for potential sale at a profit, constituting abusive registration under the Nominet DRS Policy.

Court Disposition

Complaint upheld

Orders

  • The domain names fish4this.co.uk and fish4holidaydeals.co.uk are to be transferred to the complainant.