Begetube UK Ltd v Baker [2009] DRS 6656 (23 February 2009)

Begetube UK Ltd v Baker [2009] DRS 6656 (23 February 2009)

The Complainant has rights in a name similar to the domain name, and the Respondent's registration and use of the domain name constitutes an abusive registration by causing confusion and unfair disruption to the Complainant's business.

Citation
[2009] DRS 6656
Parties
Complainant: Begetube UK Ltd; Respondent: Damian Baker
Jurisdiction
United Kingdom
Judgment Date
23 February 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to Complainant
Legal Topics
Abusive Registration, Trademark Rights, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Disputes Abusive Registration Trademark Rights Passing Off Domain Name Transfer

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Parties

Begetube UK Ltd

Complainant

Damian Baker

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the Complainant has rights in a name identical or similar to the domain name
  2. 2 Whether the domain name registration is an abusive registration in the hands of the Respondent

Ratio Decidendi

The Complainant has rights in a name similar to the domain name, and the Respondent's registration and use of the domain name constitutes an abusive registration by causing confusion and unfair disruption to the Complainant's business.

Court Disposition

Domain name to be transferred to Complainant

Orders

  • The domain name begatube.co.uk is to be transferred to Begetube UK Ltd.