Catherine Cookson Charitable Trust v Domain Names Direct [2008] DRS 5840 (15 August 2008)

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

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Parties

The Catherine Cookson Charitable Trust

Complainant

Domain Names Direct

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

  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 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.