Ripley Entertainment Inc v Giant Games Ltd [2009] DRS 6788 (19 May 2009)

Ripley Entertainment Inc v Giant Games Ltd [2009] DRS 6788 (19 May 2009)

Complainant proved rights in the name 'Ripley' but failed to prove the domain name was registered or used abusively by the respondent, as there was no evidence of bad faith, unfair advantage, or intent to disrupt complainant's business.

Citation
[2009] DRS 6788
Parties
Complainant: Ripley Entertainment Inc.; Respondent: Giant Games Ltd
Jurisdiction
United Kingdom
Judgment Date
19 May 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration, Reverse Domain Name Hijacking
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration Reverse Domain Name Hijacking

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Parties

Ripley Entertainment Inc.

Complainant

Giant Games Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

Complainant proved rights in the name 'Ripley' but failed to prove the domain name was registered or used abusively by the respondent, as there was no evidence of bad faith, unfair advantage, or intent to disrupt complainant's business.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in relation to the domain name