M D Connections (t/a Call Stream) -v- D M Business Solutions Ltd [2003] DRS 1037 (5 August 2003)

M D Connections (t/a Call Stream) -v- D M Business Solutions Ltd [2003] DRS 1037 (5 August 2003)

The complainant failed to provide evidence of rights in the name or mark and failed to establish that the registration was abusive; thus, the requirements for relief under the Policy were not met.

Citation
[2003] DRS 1037
Parties
Complainant: M D Connections t/a Call Stream; Respondent: D M Business Solutions Ltd
Jurisdiction
United Kingdom
Judgment Date
05 August 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Abusive Registration, Contractual Dispute
Intellectual Property Information Technology Domain Name Disputes Abusive Registration Contractual Dispute

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Parties

M D Connections t/a Call Stream

Complainant

D M Business 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 constitutes an abusive registration

Ratio Decidendi

The complainant failed to provide evidence of rights in the name or mark and failed to establish that the registration was abusive; thus, the requirements for relief under the Policy were not met.

Court Disposition

Complaint dismissed

Orders

  • Request for transfer of the domain name refused