Roch Valley Ltd v Edoco Ltd [2008] DRS 5624 (21 May 2008)

Roch Valley Ltd v Edoco Ltd [2008] DRS 5624 (21 May 2008)

The complainant has established rights in 'Roch Valley' and the respondent's registration and use of the domain name constitutes abusive registration by misdirecting customers and profiting from goodwill, supported by a pattern of similar conduct and unrebutted presumption under the Policy.

Citation
[2008] DRS 5624
Parties
Complainant: Roch Valley Limited; Respondent: Edoco Limited
Jurisdiction
United Kingdom
Judgment Date
21 May 2008
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

Roch Valley Limited

Complainant

Edoco Limited

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the 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

Ratio Decidendi

The complainant has established rights in 'Roch Valley' and the respondent's registration and use of the domain name constitutes abusive registration by misdirecting customers and profiting from goodwill, supported by a pattern of similar conduct and unrebutted presumption under the Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name rochvalley.co.uk shall be transferred to the complainant