CSMA v Ostashko [2007] DRS 4448 (18 May 2007)

CSMA v Ostashko [2007] DRS 4448 (18 May 2007)

The respondent's use of the domain name to generate pay-per-click revenue from businesses, some of which competed with the complainant, constituted taking unfair advantage of the complainant's goodwill and trading reputation. This use was not fair or non-commercial, and the respondent's preparations for a new business venture were insufficient to displace a finding of abusive registration. The complainant established rights in the mark, and the domain name was found to be an abusive registration under the Policy.

Citation
[2007] DRS 4448
Parties
Complainant: CSMA; Respondent: Denys Ostashko
Jurisdiction
United Kingdom
Judgment Date
18 May 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

CSMA

Complainant

Denys Ostashko

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 use of the domain name to generate pay-per-click revenue from businesses, some of which competed with the complainant, constituted taking unfair advantage of the complainant's goodwill and trading reputation. This use was not fair or non-commercial, and the respondent's preparations for a new business venture were insufficient to displace a finding of abusive registration. The complainant established rights in the mark, and the domain name was found to be an abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

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