Gooch v Snorestore Ltd [2009] DRS 6518 (18 February 2009)

Gooch v Snorestore Ltd [2009] DRS 6518 (18 February 2009)

The Respondent's threatened use of the Domain Name for similar products is likely to cause confusion with the Complainant's established mark, and no demonstrable preparations to use the Domain Name prior to awareness of the Complainant were shown; therefore, the registration is abusive.

Citation
[2009] DRS 6518
Parties
Complainant: Snorestore Limited; Respondent: David Cock
Jurisdiction
United Kingdom
Judgment Date
18 February 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Snorestore Limited

Complainant

David Cock

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 Respondent's threatened use of the Domain Name for similar products is likely to cause confusion with the Complainant's established mark, and no demonstrable preparations to use the Domain Name prior to awareness of the Complainant were shown; therefore, the registration is abusive.

Court Disposition

Complaint upheld

Orders

  • Domain Name snore-store.co.uk to be transferred to the Complainant