MRO Software UK Ltd -v- Commerce Internet Ltd [2002] DRS 475 (9 October 2002)

MRO Software UK Ltd -v- Commerce Internet Ltd [2002] DRS 475 (9 October 2002)

Complainant failed to prove, on a balance of probabilities, that it has rights in respect of a name or mark identical or similar to the Domain Name; therefore, the complaint must be refused.

Citation
[2002] DRS 475
Parties
Complainant: MRO Software UK Ltd; Respondent: Commerce Internet Ltd
Jurisdiction
United Kingdom
Judgment Date
09 October 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint refused
Legal Topics
Domain Name Registration, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Registration Trade Mark Rights Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

MRO Software UK Ltd

Complainant

Commerce Internet Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has rights in respect of a name or mark identical or similar to the Domain Name
  2. 2 Whether the Domain Name in the hands of the Respondent is an Abusive Registration
  3. 3 Whether the Complaint constitutes Reverse Domain Name Hijacking

Ratio Decidendi

Complainant failed to prove, on a balance of probabilities, that it has rights in respect of a name or mark identical or similar to the Domain Name; therefore, the complaint must be refused.

Court Disposition

Complaint refused

Orders

  • Complaint in respect of the Domain Name MRO.CO.UK is refused