Norton Finance (UK) Ltd v Newcombe [2009] DRS 6494 (12 January 2009)

Norton Finance (UK) Ltd v Newcombe [2009] DRS 6494 (12 January 2009)

The respondent registered and used domain names similar to the complainant's trade mark with intent to confuse and divert customers, constituting abusive registration under the DRS Policy. The complainant has established rights in the relevant names, and the respondent's conduct satisfies both limbs of the Policy's...

Source-derived case information.

Citation
[2009] DRS 6494
Parties
Complainant: Norton Finance (UK) Limited; Respondent: Colin Newcombe
Jurisdiction
United Kingdom
Judgment Date
12 January 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
complaint upheld
Legal Topics
Abusive Domain Registration, Trade Mark Infringement, Passing Off
Intellectual Property Internet Law Abusive Domain Registration Trade Mark Infringement Passing Off

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Summary, issues, holding and outcome

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Parties

Norton Finance (UK) Limited

Complainant

Colin Newcombe

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 whether the disputed domain names constitute abusive registration under the DRS Policy
  2. 2 whether the complainant has rights in a name or mark identical or similar to the domain names

Ratio Decidendi

The respondent registered and used domain names similar to the complainant's trade mark with intent to confuse and divert customers, constituting abusive registration under the DRS Policy. The complainant has established rights in the relevant names, and the respondent's conduct satisfies both limbs of the Policy's test.

Court Disposition

complaint upheld

Orders

  • the disputed domain names are to be transferred to the complainant