AOL LLC v Edoco Ltd [2008] DRS 5484 (17 April 2008)

AOL LLC v Edoco Ltd [2008] DRS 5484 (17 April 2008)

The respondent, Edoco Limited, had been found to have made abusive registrations in three or more DRS cases in the two years prior to this complaint, triggering a presumption of abusive registration. The respondent failed to rebut this presumption. The complainant established rights in the name AOL and AOL mail, which are identical or similar to the disputed domain name. Therefore, the registration was found to be abusive.

Citation
[2008] DRS 5484
Parties
Complainant: AOL LLC; Respondent: Edoco Limited
Jurisdiction
United Kingdom
Judgment Date
17 April 2008
Procedural Posture
Domain Name Dispute / Decision of the Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Abusive Registration, Trade Mark Rights
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Trade Mark Rights

Case Brief

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Parties

AOL LLC

Complainant

Edoco Limited

Respondent

Procedural Posture

Domain Name Dispute / Decision of the Independent Expert

Legal Issues

  1. 1 Whether the domain name aolmail.co.uk constitutes an abusive registration under the Nominet DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The respondent, Edoco Limited, had been found to have made abusive registrations in three or more DRS cases in the two years prior to this complaint, triggering a presumption of abusive registration. The respondent failed to rebut this presumption. The complainant established rights in the name AOL and AOL mail, which are identical or similar to the disputed domain name. Therefore, the registration was found to be abusive.

Court Disposition

Complaint upheld

Orders

  • The domain name aolmail.co.uk is to be transferred to the complainant.