Electoral Commission v Domain Administration Ltd [2007] DRS 4389 (23 March 2007)

Electoral Commission v Domain Administration Ltd [2007] DRS 4389 (23 March 2007)

The complainant has rights in the name 'Electoral Commission,' which is similar to the disputed domain name. The respondent's use of a misspelled domain name for a holding page with electoral links and offering it for sale constitutes abusive registration as it is likely to confuse users and was acquired for the purpose of selling to the complainant for more than out-of-pocket costs.

Citation
[2007] DRS 4389
Parties
Complainant: The Electoral Commission; Respondent: Domain Administration Limited
Jurisdiction
United Kingdom
Judgment Date
23 March 2007
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Passing Off

Case Brief

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Parties

The Electoral Commission

Complainant

Domain Administration Limited

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

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

Ratio Decidendi

The complainant has rights in the name 'Electoral Commission,' which is similar to the disputed domain name. The respondent's use of a misspelled domain name for a holding page with electoral links and offering it for sale constitutes abusive registration as it is likely to confuse users and was acquired for the purpose of selling to the complainant for more than out-of-pocket costs.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name electoralcommision.org.uk shall be transferred to The Electoral Commission.