Hanna-Barbera Productions Inc -v- Hay [2002] DRS 389_Appeal (21 August 2002)

Hanna-Barbera Productions Inc -v- Hay [2002] DRS 389_Appeal (21 August 2002)

The domain name scoobydoo.co.uk is identical to the Complainant's trade mark. The Respondent's use, including sale of merchandise, provision of email addresses, and use of meta-tags, created initial interest confusion and took unfair advantage of the Complainant's rights. The disclaimer was ineffective to prevent confusion or detriment. The widespread unauthorised use of the domain name by the Respondent and email users exposed the Complainant to risk and diluted its goodwill. The registration and use constituted an Abusive Registration under the Policy.

Citation
[2002] DRS 389
Parties
Complainant: Hanna-Barbera Productions, Inc; Respondent: Graeme Hay
Jurisdiction
United Kingdom
Judgment Date
21 August 2002
Procedural Posture
Domain Name Dispute (nominet Drs) / Appeal Decision
Outcome
Appeal allowed; complaint upheld
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Tribute Sites, Meta Tags, Without Prejudice Communications
Intellectual Property Internet Law Domain Names Trade Marks Passing Off Abusive Registration Tribute Sites Meta Tags +1 more

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Parties

Hanna-Barbera Productions, Inc

Complainant

Graeme Hay

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Appeal Decision

Legal Issues

  1. 1 Whether the domain name scoobydoo.co.uk is an Abusive Registration under the Nominet DRS Policy
  2. 2 Whether the Complainant has rights in a name or mark identical or similar to the domain name
  3. 3 Whether use of the domain name by the Respondent took unfair advantage of or was unfairly detrimental to the Complainant's rights

Ratio Decidendi

The domain name scoobydoo.co.uk is identical to the Complainant's trade mark. The Respondent's use, including sale of merchandise, provision of email addresses, and use of meta-tags, created initial interest confusion and took unfair advantage of the Complainant's rights. The disclaimer was ineffective to prevent confusion or detriment. The widespread unauthorised use of the domain name by the Respondent and email users exposed the Complainant to risk and diluted its goodwill. The registration and use constituted an Abusive Registration under the Policy.

Court Disposition

Appeal allowed; complaint upheld

Orders

  • The domain name scoobydoo.co.uk is to be transferred to the Complainant.