The Listed Property Owners Club v CPL Media [2009] DRS 7005 (21 May 2009)

The Listed Property Owners Club v CPL Media [2009] DRS 7005 (21 May 2009)

The complainant established protectable goodwill in the name 'Listed Heritage' through long-standing use in magazine publishing. The domain name is identical to this name and its use by the respondent, a competitor, is likely to cause confusion and unfairly attract customers, constituting abusive registration. The lack of response from the respondent supports the inference of intent to take unfair advantage.

Citation
[2009] DRS 7005
Parties
Complainant: The Listed Property Owners Club; Respondent: CPL Media
Jurisdiction
United Kingdom
Judgment Date
21 May 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Abusive Registration, Passing Off, Goodwill, Trade Marks, Domain Name Transfer
Intellectual Property Domain Name Law Abusive Registration Passing Off Goodwill Trade Marks Domain Name Transfer

Case Brief

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Parties

The Listed Property Owners Club

Complainant

CPL Media

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established protectable goodwill in the name 'Listed Heritage' through long-standing use in magazine publishing. The domain name is identical to this name and its use by the respondent, a competitor, is likely to cause confusion and unfairly attract customers, constituting abusive registration. The lack of response from the respondent supports the inference of intent to take unfair advantage.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name listedheritage.co.uk is to be transferred to The Listed Property Owners Club.