HQUK Ltd -v- Head Quarters [2004] DRS 1405 (20 February 2004)

HQUK Ltd -v- Head Quarters [2004] DRS 1405 (20 February 2004)

The complainant established rights in the HQHair name and mark, and the domain name hq-hair.co.uk is similar. Although there was no evidence of actual confusion, the likelihood of confusion and potential for disruption or detriment to the complainant's business, combined with the respondent's registration and use of the domain name following the complainant's media prominence, amounted to an abusive registration under the DRS Policy. The domain name was ordered to be transferred to the complainant.

Citation
[2004] DRS 1405
Parties
Complainant: HQUK Limited; Respondent: Headquarters
Jurisdiction
United Kingdom
Judgment Date
20 February 2004
Procedural Posture
Domain Name Dispute (nominet UK Drs) / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Names Trade Marks Passing Off Abusive Registration

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Parties

HQUK Limited

Complainant

Headquarters

Respondent

Procedural Posture

Domain Name Dispute (nominet UK Drs) / Expert Determination

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 under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the HQHair name and mark, and the domain name hq-hair.co.uk is similar. Although there was no evidence of actual confusion, the likelihood of confusion and potential for disruption or detriment to the complainant's business, combined with the respondent's registration and use of the domain name following the complainant's media prominence, amounted to an abusive registration under the DRS Policy. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name hq-hair.co.uk is to be transferred to HQUK Limited.