Mohsan -v- Bond [2003] DRS 693 (8 January 2003)

Mohsan -v- Bond [2003] DRS 693 (8 January 2003)

The complainant has rights in his uncommon personal name, which is identical to the domain name. The respondent used the domain name for a criticism site without authorisation and failed to rebut the presumption of abusive registration. The domain name is therefore an abusive registration and should be transferred.

Citation
[2003] DRS 693
Parties
Complainant: Tahir Mohsan; Respondent: Greg Bond
Jurisdiction
United Kingdom
Judgment Date
08 January 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Personal Name Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Personal Name Rights Abusive Registration

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Parties

Tahir Mohsan

Complainant

Greg Bond

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Does the complainant have rights in the name identical to the domain name?
  2. 2 Is the domain name an abusive registration under the Nominet DRS Policy?

Ratio Decidendi

The complainant has rights in his uncommon personal name, which is identical to the domain name. The respondent used the domain name for a criticism site without authorisation and failed to rebut the presumption of abusive registration. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of tahirmohsan.co.uk to Tahir Mohsan