Catherine Cookson Charitable Trust v Domain Names Direct [2008] DRS 5840 (15 August 2008)
The complainant has rights in the name 'Catherine Cookson' and the respondent has engaged in a pattern of registering domain names corresponding to famous names without rights. The domain name is therefore an abusive registration and should be transferred to the complainant.
- Citation
- [2008] DRS 5840
- Parties
- Complainant: The Catherine Cookson Charitable Trust; Respondent: Domain Names Direct
- Jurisdiction
- United Kingdom
- Judgment Date
- 15 August 2008
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Domain name to be transferred to complainant
- Legal Topics
- Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Case Brief
Summary, issues, holding and outcome
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Parties
The Catherine Cookson Charitable Trust
Complainant
Domain Names Direct
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration in the hands of the respondent
Ratio Decidendi
The complainant has rights in the name 'Catherine Cookson' and the respondent has engaged in a pattern of registering domain names corresponding to famous names without rights. The domain name is therefore an abusive registration and should be transferred to the complainant.
Court Disposition
Domain name to be transferred to complainant
Orders
- The domain name catherinecookson.co.uk is to be transferred to the complainant.
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