Newsquest Media Group v D N Computer Services [2007] DRS 4965 (4 November 2007)

Newsquest Media Group v D N Computer Services [2007] DRS 4965 (4 November 2007)

The complainant has rights in a name or mark identical or similar to the domain name, but failed to provide sufficient evidence that the domain name, in the hands of the respondent, is an abusive registration. The respondent demonstrated legitimate use and lack of intent to abuse the complainant's rights.

Citation
[2007] DRS 4965
Parties
Complainant: Newsquest Media Group; Respondent: D N Computer Services (David Neath)
Jurisdiction
United Kingdom
Judgment Date
04 November 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Names, Passing Off, Abusive Registration, Goodwill
Intellectual Property Information Technology Domain Names Passing Off Abusive Registration Goodwill

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Parties

Newsquest Media Group

Complainant

D N Computer Services (David Neath)

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 or mark identical or similar to the domain name, but failed to provide sufficient evidence that the domain name, in the hands of the respondent, is an abusive registration. The respondent demonstrated legitimate use and lack of intent to abuse the complainant's rights.

Court Disposition

Complaint dismissed