Electronic Payments & Commerce Ltd -v- Evantage [2003] DRS 1312 (15 December 2003)

Electronic Payments & Commerce Ltd -v- Evantage [2003] DRS 1312 (15 December 2003)

The complainant has established rights in the name 'EPayCom', which is identical to the domain name. The domain name was registered on behalf of the complainant but control was withheld, constituting abusive registration as it was unfairly detrimental to the complainant's rights.

Citation
[2003] DRS 1312
Parties
Complainant: Electronic Payments & Commerce Limited; Respondent: evantage
Jurisdiction
United Kingdom
Judgment Date
15 December 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Electronic Payments & Commerce Limited

Complainant

evantage

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark 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 complainant has established rights in the name 'EPayCom', which is identical to the domain name. The domain name was registered on behalf of the complainant but control was withheld, constituting abusive registration as it was unfairly detrimental to the complainant's rights.

Court Disposition

domain name transfer ordered

Orders

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