David Fox t/a Business Digest v Garth Piesse (Full Decision _No Action) [2013] DRS 12362 (04 April 2013)

David Fox t/a Business Digest v Garth Piesse (Full Decision _No Action) [2013] DRS 12362 (04 April 2013)

The complainant failed to establish rights in a name or mark and failed to prove that the domain name was registered or used in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights.

Citation
[2013] DRS 12362
Parties
Complainant: David Fox t/a Business Digest; Respondent: Garth Piesse
Jurisdiction
United Kingdom
Judgment Date
04 April 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint denied
Legal Topics
Domain Name Dispute, Trade Marks, Passing Off
Intellectual Property Internet Law Domain Name Dispute Trade Marks Passing Off

Case Brief

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Parties

David Fox t/a Business Digest

Complainant

Garth Piesse

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the domain name was registered or is being used in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights

Ratio Decidendi

The complainant failed to establish rights in a name or mark and failed to prove that the domain name was registered or used in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights.

Court Disposition

Complaint denied

Orders

  • No action to be taken regarding the domain name