Hanna-Barbera Productions Inc -v- Hay [2002] DRS 389 (10 July 2002)
The complainant has rights in the SCOOBY-DOO mark and the domain name is identical. However, the respondent did not register the domain primarily to sell it, and the current operation as a non-commercial fan site does not take unfair advantage of or cause unfair detriment to the complainant's rights. Therefore, the domain name is not an abusive registration.
- Citation
- [2002] DRS 389
- Parties
- Complainant: Hanna-Barbera Productions, Inc; Respondent: Graeme Hay
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 July 2002
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Complaint dismissed
- Legal Topics
- Domain Names, Trade Marks, Passing Off, Abusive Registration, Fan Sites
Case Brief
Summary, issues, holding and outcome
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Parties
Hanna-Barbera Productions, Inc
Complainant
Graeme Hay
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name in the hands of the respondent is an abusive registration
Ratio Decidendi
The complainant has rights in the SCOOBY-DOO mark and the domain name is identical. However, the respondent did not register the domain primarily to sell it, and the current operation as a non-commercial fan site does not take unfair advantage of or cause unfair detriment to the complainant's rights. Therefore, the domain name is not an abusive registration.
Court Disposition
Complaint dismissed
Orders
- No action to be taken regarding the domain name scoobydoo.co.uk
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