Gravytrain Ltd v Decon (UK) Ltd [2007] DRS 4128 (8 February 2007)

Gravytrain Ltd v Decon (UK) Ltd [2007] DRS 4128 (8 February 2007)

The complainant established rights in the name WorldWideWives through long-standing use and a registered trade mark. The respondent registered and used the domain name in a manner that took unfair advantage of the complainant's rights, including redirecting traffic to competitors and offering the domain for sale, constituting an abusive registration under the Policy.

Citation
[2007] DRS 4128
Parties
Complainant: Gravytrain Limited; Respondent: Decon (UK) Ltd
Jurisdiction
United Kingdom
Judgment Date
08 February 2007
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trade Mark Rights, Abusive Registration, Domain Name Transfer, Passing Off
Intellectual Property Domain Name Disputes Trade Mark Rights Abusive Registration Domain Name Transfer Passing Off

Case Brief

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Parties

Gravytrain Limited

Complainant

Decon (UK) Ltd

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Determination

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the name WorldWideWives through long-standing use and a registered trade mark. The respondent registered and used the domain name in a manner that took unfair advantage of the complainant's rights, including redirecting traffic to competitors and offering the domain for sale, constituting an abusive registration under the Policy.

Court Disposition

Domain name transfer ordered

Orders

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