HM Land Registry v GOV-Network [2005] DRS 2916 (18 October 2005)

HM Land Registry v GOV-Network [2005] DRS 2916 (18 October 2005)

The Respondent registered and used a Domain Name similar to the Complainant's, designed to create and capitalise upon a likelihood of confusion with the Complainant and its site, thereby taking unfair advantage of and being unfairly detrimental to the Complainant's rights.

Citation
[2005] DRS 2916
Parties
Complainant: HM Land Registry; Respondent: GOV-Network
Jurisdiction
United Kingdom
Judgment Date
18 October 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Passing Off Abusive Registration

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Parties

HM Land Registry

Complainant

GOV-Network

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 Respondent registered and used a Domain Name similar to the Complainant's, designed to create and capitalise upon a likelihood of confusion with the Complainant and its site, thereby taking unfair advantage of and being unfairly detrimental to the Complainant's rights.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name gov-landreg.co.uk should be transferred to the Complainant.