Apple Computer Inc v CyberBritain Group Ltd [2005] DRS 02223 (10 March 2005)

Apple Computer Inc v CyberBritain Group Ltd [2005] DRS 02223 (10 March 2005)

The respondent's use of the domain name, including offers to sell to competitors and redirection to a competitor, took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration under the Nominet DRS Policy.

Citation
[2005] DRS 02223
Parties
Complainant: Apple Computer Inc; Respondent: CyberBritain Group Ltd
Jurisdiction
United Kingdom
Judgment Date
10 March 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name, Trade Mark, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Trade Mark Passing Off Abusive Registration

Case Brief

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Parties

Apple Computer Inc

Complainant

CyberBritain Group Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the respondent's use of itunes.co.uk constitutes abusive registration under Nominet DRS Policy
  2. 2 Whether the complainant has rights in the name 'iTunes'
  3. 3 Whether offers to sell and redirection to competitors took unfair advantage of or were unfairly detrimental to the complainant's rights

Ratio Decidendi

The respondent's use of the domain name, including offers to sell to competitors and redirection to a competitor, took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration under the Nominet DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name itunes.co.uk is to be transferred to Apple Computer Inc.