Trader Publishing Ltd v Froggatts Range Rover Sales [2010] DRS 7802 (04 March 2010)

Trader Publishing Ltd v Froggatts Range Rover Sales [2010] DRS 7802 (04 March 2010)

The complainant established unregistered rights in the AUTO TRADER mark through longstanding use and goodwill. The domain name northwestautotrader.co.uk is similar to the complainant's mark, with 'North West' being merely descriptive. The respondent's use of the domain name took unfair advantage of the complainant's brand strength and caused confusion, amounting to abusive registration under the Policy.

Citation
[2010] DRS 7802
Parties
Complainant: Trader Publishing Limited; Respondent: Froggatts Range Rover Sales
Jurisdiction
United Kingdom
Judgment Date
04 March 2010
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement, Passing Off, Unregistered Trademark Rights
Intellectual Property Information Technology Domain Name Disputes Trademark Infringement Passing Off Unregistered Trademark Rights

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Parties

Trader Publishing Limited

Complainant

Froggatts Range Rover Sales

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 established unregistered rights in the AUTO TRADER mark through longstanding use and goodwill. The domain name northwestautotrader.co.uk is similar to the complainant's mark, with 'North West' being merely descriptive. The respondent's use of the domain name took unfair advantage of the complainant's brand strength and caused confusion, amounting to abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

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