Aldershot Car Spares v Gordon [2005] DRS 02464 (16 June 2005)

Aldershot Car Spares v Gordon [2005] DRS 02464 (16 June 2005)

The complainant has established unregistered rights in the name Aldershot Car Spares, and the respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the DRS Policy.

Citation
[2005] DRS 02464
Parties
Complainant: Aldershot Car Spares; Respondent: Gordon
Jurisdiction
United Kingdom
Judgment Date
16 June 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Abusive Registration, Passing Off, Common Law Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Passing Off Common Law Rights

Case Brief

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Parties

Aldershot Car Spares

Complainant

Gordon

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in respect of 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

The complainant has established unregistered rights in the name Aldershot Car Spares, and the respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the DRS Policy.

Court Disposition

Complaint upheld

Orders

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