Panel on Takeovers & Mergers v Hi-res [2008] DRS 6184 (5 November 2008)

Panel on Takeovers & Mergers v Hi-res [2008] DRS 6184 (5 November 2008)

The complainant established unregistered trademark rights in 'The Takeover Panel', the domain names are identical or confusingly similar, and the respondent's registration and use constituted abusive registration by taking unfair advantage of the complainant's rights and causing confusion.

Citation
[2008] DRS 6184
Parties
Complainant: The Panel on Takeovers and Mergers; Respondent: Hi-res
Jurisdiction
United Kingdom
Judgment Date
05 November 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain names to be transferred to the complainant
Legal Topics
Domain Name Disputes, Passing Off, Unregistered Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Unregistered Trademark Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The Panel on Takeovers and Mergers

Complainant

Hi-res

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name identical or similar to the domain names
  2. 2 Whether the domain names, in the hands of the respondent, are abusive registrations

Ratio Decidendi

The complainant established unregistered trademark rights in 'The Takeover Panel', the domain names are identical or confusingly similar, and the respondent's registration and use constituted abusive registration by taking unfair advantage of the complainant's rights and causing confusion.

Court Disposition

Domain names to be transferred to the complainant

Orders

  • The domain names takeoverpanel.org.uk and thetakeoverpanel.co.uk are to be transferred to The Panel on Takeovers and Mergers.