Pleasureland Ltd v Dotcombiz.au [2005] DRS 02206 (05 February 2005)

Pleasureland Ltd v Dotcombiz.au [2005] DRS 02206 (05 February 2005)

The complainant failed to prove that the domain name was an abusive registration. The chain of events and negotiation for purchase did not constitute evidence of abuse. The complaint was brought in bad faith, amounting to reverse domain name hijacking.

Citation
[2005] DRS 02206
Parties
Complainant: Pleasureland Limited; Respondent: Dotcombiz-au
Jurisdiction
United Kingdom
Judgment Date
05 February 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Abusive Registration, Reverse Domain Name Hijacking
Intellectual Property Internet Law Domain Name Registration Abusive Registration Reverse Domain Name Hijacking

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Parties

Pleasureland Limited

Complainant

Dotcombiz-au

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in respect of 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 under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant failed to prove that the domain name was an abusive registration. The chain of events and negotiation for purchase did not constitute evidence of abuse. The complaint was brought in bad faith, amounting to reverse domain name hijacking.

Court Disposition

Complaint dismissed

Orders

  • Complaint dismissed
  • Finding of bad faith and reverse domain name hijacking