BOC Group Plc & BOC Ltd v Eaton Engineering (Herts) Ltd [2005] DRS 2829 (22 September 2005)

BOC Group Plc & BOC Ltd v Eaton Engineering (Herts) Ltd [2005] DRS 2829 (22 September 2005)

The complainants have rights in the name BOC Edwards, which is identical to the domain name, and the respondent's registration was abusive as it took unfair advantage of those rights without justification or explanation.

Citation
[2005] DRS 2829
Parties
Complainant: The BOC Group Plc; Complainant: BOC Limited; Respondent: Eaton Engineering (Herts) Limited
Jurisdiction
United Kingdom
Judgment Date
22 September 2005
Procedural Posture
Domain Name Dispute / Independent Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

The BOC Group Plc

Complainant

BOC Limited

Complainant

Eaton Engineering (Herts) Limited

Respondent

Procedural Posture

Domain Name Dispute / Independent Expert Determination

Legal Issues

  1. 1 Whether the complainants have rights in a name 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 complainants have rights in the name BOC Edwards, which is identical to the domain name, and the respondent's registration was abusive as it took unfair advantage of those rights without justification or explanation.

Court Disposition

Domain name transfer ordered

Orders

  • Domain name bocedwards.co.uk to be transferred to The BOC Group Plc