Endsleigh Insurance Services Ltd v Graham [2005] DRS 02549 (13 June 2005)

Endsleigh Insurance Services Ltd v Graham [2005] DRS 02549 (13 June 2005)

The complainant has a registered trade mark for ENDSLEIGH and the domain name is extremely similar. The respondent used the domain name to link to competing insurance sites, constituting unfair advantage and detriment to the complainant's rights. Thus, the domain name is an abusive registration and should be transferred.

Citation
[2005] DRS 02549
Parties
Complainant: Endsleigh Insurance Services Limited; Respondent: David Graham
Jurisdiction
United Kingdom
Judgment Date
13 June 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

Endsleigh Insurance Services Limited

Complainant

David Graham

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has a registered trade mark for ENDSLEIGH and the domain name is extremely similar. The respondent used the domain name to link to competing insurance sites, constituting unfair advantage and detriment to the complainant's rights. Thus, the domain name is an abusive registration and should be transferred.

Court Disposition

domain name transfer ordered

Orders

  • The domain name endsligh.co.uk is to be transferred to the complainant.