Wavecrest Communications Plc v WaveCrest Computer Solutions Ltd [2002] DRS 333 (11 July 2002)

Wavecrest Communications Plc v WaveCrest Computer Solutions Ltd [2002] DRS 333 (11 July 2002)

The complainant has rights in a name identical or similar to the domain name, and the respondent's registration and use of the domain name was abusive, either as a blocking registration, for unfair disruption, or for sale at an excessive price, confusing the public and damaging the complainant's business.

Citation
[2002] DRS 333
Parties
Complainant: Wavecrest Communications Plc; Respondent: Computer Independent Associates Ltd (formerly WaveCrest Computer Solutions Ltd)
Jurisdiction
United Kingdom
Judgment Date
11 July 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

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Parties

Wavecrest Communications Plc

Complainant

Computer Independent Associates Ltd (formerly WaveCrest Computer Solutions Ltd)

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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

Ratio Decidendi

The complainant has rights in a name identical or similar to the domain name, and the respondent's registration and use of the domain name was abusive, either as a blocking registration, for unfair disruption, or for sale at an excessive price, confusing the public and damaging the complainant's business.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name wavecrestcom.co.uk is to be transferred to the complainant.