Datingagency.com Ltd -v- DatingDirect.com Ltd [2003] DRS 753 (14 February 2003)

Datingagency.com Ltd -v- DatingDirect.com Ltd [2003] DRS 753 (14 February 2003)

The Complainant does not have protectable rights in the term 'Dating Agency' or its variants, as these are generic and wholly descriptive of its business, and thus cannot seek protection from abusive registration under the Nominet Policy.

Citation
[2003] DRS 753
Parties
Complainant: Datingagency.com Ltd; Respondent: DatingDirect.com Ltd
Jurisdiction
United Kingdom
Judgment Date
14 February 2003
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

Case Brief

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Parties

Datingagency.com Ltd

Complainant

DatingDirect.com Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has protectable rights in the mark 'Dating Agency' or its variants
  2. 2 Whether the Respondent's registration and use of the domain names constitutes abusive registration under the Nominet Policy

Ratio Decidendi

The Complainant does not have protectable rights in the term 'Dating Agency' or its variants, as these are generic and wholly descriptive of its business, and thus cannot seek protection from abusive registration under the Nominet Policy.

Court Disposition

Complaint dismissed