Exeter Airport Direct v Thrower [2004] DRS 1528 (12 April 2004)

Exeter Airport Direct v Thrower [2004] DRS 1528 (12 April 2004)

The respondent was engaged to register the domain name for the complainant but registered it in his own name without justification, which was unfairly detrimental to the complainant's rights and constitutes abusive registration.

Citation
[2004] DRS 1528
Parties
Complainant: Exeter Airport Direct; Respondent: Clint Thrower
Jurisdiction
United Kingdom
Judgment Date
12 April 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Exeter Airport Direct

Complainant

Clint Thrower

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the name similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

The respondent was engaged to register the domain name for the complainant but registered it in his own name without justification, which was unfairly detrimental to the complainant's rights and constitutes abusive registration.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name exeterairportdirect.co.uk to the complainant