British Telecommunications plc v Compulab Ltd [2009] DRS 6688 (9 April 2009)

British Telecommunications plc v Compulab Ltd [2009] DRS 6688 (9 April 2009)

The complainant has rights in the 'BT' trademark, which is identical or similar to the domain name. The respondent's use of the domain name caused initial interest confusion and took unfair advantage of the complainant's goodwill, constituting abusive registration under Nominet DRS Policy 3(a)(ii).

Citation
[2009] DRS 6688
Parties
Complainant: British Telecommunications plc; Respondent: Compulab Limited
Jurisdiction
United Kingdom
Judgment Date
09 April 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Passing Off Abusive Registration

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Parties

British Telecommunications plc

Complainant

Compulab Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in 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 under the Nominet DRS Policy

Ratio Decidendi

The complainant has rights in the 'BT' trademark, which is identical or similar to the domain name. The respondent's use of the domain name caused initial interest confusion and took unfair advantage of the complainant's goodwill, constituting abusive registration under Nominet DRS Policy 3(a)(ii).

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name 'btsupport.co.uk' is to be transferred to British Telecommunications plc.