British Institute Of Hypnotherapy v David Holland [2010] DRS 8559 (16 June 2010)

British Institute Of Hypnotherapy v David Holland [2010] DRS 8559 (16 June 2010)

The complainant has established legally protectable goodwill in the name 'British Institute of Hypnotherapy' through continuous use since at least 2002. The respondent's registration and use of the domain names is abusive as it is likely to cause confusion and unfairly divert business, taking unfair advantage of and being detrimental to the complainant's rights.

Citation
[2010] DRS 8559
Parties
Complainant: British Institute of Hypnotherapy; Respondent: David Holland
Jurisdiction
United Kingdom
Judgment Date
16 June 2010
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain names to be transferred to complainant
Legal Topics
Domain Name Registration, Passing Off, Goodwill, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Goodwill Abusive Registration

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Parties

British Institute of Hypnotherapy

Complainant

David Holland

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name 'British Institute of Hypnotherapy'
  2. 2 Whether the domain names are abusive registrations in the hands of the respondent

Ratio Decidendi

The complainant has established legally protectable goodwill in the name 'British Institute of Hypnotherapy' through continuous use since at least 2002. The respondent's registration and use of the domain names is abusive as it is likely to cause confusion and unfairly divert business, taking unfair advantage of and being detrimental to the complainant's rights.

Court Disposition

Domain names to be transferred to complainant

Orders

  • Transfer of all disputed domain names to the complainant