Hughes Electronics Corporation -v- Chuks [2004] DRS 1746 (4 August 2004)

Hughes Electronics Corporation -v- Chuks [2004] DRS 1746 (4 August 2004)

The complainant had established rights in the DIRECWAY mark prior to the domain name registration. The respondent registered the domain name with knowledge of the complainant's rights and solicited bids for its sale at a price exceeding out-of-pocket costs, with no evidence of legitimate use. This constitutes abusive registration under the Policy.

Citation
[2004] DRS 1746
Parties
Complainant: Hughes Electronics Corporation; Respondent: Henry Chuks
Jurisdiction
United Kingdom
Judgment Date
04 August 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration

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Parties

Hughes Electronics Corporation

Complainant

Henry Chuks

Respondent

Procedural Posture

Domain Name Dispute / 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 had established rights in the DIRECWAY mark prior to the domain name registration. The respondent registered the domain name with knowledge of the complainant's rights and solicited bids for its sale at a price exceeding out-of-pocket costs, with no evidence of legitimate use. This constitutes abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of the domain name direcway.co.uk to Hughes Electronics Corporation