Truck 'n Trolley Ltd v Eastern Storage Equipment Ltd [2002] DRS 468 (15 October 2002)

Truck 'n Trolley Ltd v Eastern Storage Equipment Ltd [2002] DRS 468 (15 October 2002)

The complainant has rights in a name similar to the domain name, and the respondent's use of the domain name constitutes an abusive registration by causing confusion and attempting to capitalise on the complainant's goodwill. However, as the words 'truck and trolley' are descriptive and probably generic, the domain name will not be transferred but cancelled.

Citation
[2002] DRS 468
Parties
Complainant: Truck 'n Trolley Ltd; Respondent: Eastern Storage Equipment Ltd
Jurisdiction
United Kingdom
Judgment Date
15 October 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld in part
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

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Parties

Truck 'n Trolley Ltd

Complainant

Eastern Storage Equipment Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

The complainant has rights in a name similar to the domain name, and the respondent's use of the domain name constitutes an abusive registration by causing confusion and attempting to capitalise on the complainant's goodwill. However, as the words 'truck and trolley' are descriptive and probably generic, the domain name will not be transferred but cancelled.

Court Disposition

Complaint upheld in part

Orders

  • Registration of the domain name 'truckandtrolley.co.uk' in the name of the respondent is cancelled.
  • Application for transfer of the domain name to the complainant is refused.