Eaton-Williams Group Ltd v Doherty [2009] DRS 7364 (06 August 2009)

Eaton-Williams Group Ltd v Doherty [2009] DRS 7364 (06 August 2009)

The complainant failed to demonstrate rights in a name or mark identical or similar to the domain name discount-wheels.co.uk, as required by the Policy. Rights in unrelated marks used in website content are irrelevant for DRS purposes. The complaint fails for lack of relevant rights.

Citation
[2009] DRS 7364
Parties
Complainant: Eaton-Williams Group Limited; Respondent: Iain Doherty
Jurisdiction
United Kingdom
Judgment Date
06 August 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint rejected
Legal Topics
Trade Marks, Domain Name Registration, Abusive Registration
Intellectual Property Domain Name Law Trade Marks Domain Name Registration Abusive Registration

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Parties

Eaton-Williams Group Limited

Complainant

Iain Doherty

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name discount-wheels.co.uk
  2. 2 Whether the domain name discount-wheels.co.uk is an abusive registration

Ratio Decidendi

The complainant failed to demonstrate rights in a name or mark identical or similar to the domain name discount-wheels.co.uk, as required by the Policy. Rights in unrelated marks used in website content are irrelevant for DRS purposes. The complaint fails for lack of relevant rights.

Court Disposition

Complaint rejected

Orders

  • No action to be taken with respect to the domain name discount-wheels.co.uk