Online Property Search Ltd v Turnette [2006] DRS 3452 (4 April 2006)

Online Property Search Ltd v Turnette [2006] DRS 3452 (4 April 2006)

The complainant has rights in the mark ROOST, which is not descriptive of its business. The domain names are similar to the complainant's mark as they consist of ROOST plus a generic place name. The respondent registered the domain names either to block the complainant or disrupt its business, constituting abusive registration. The respondent's failure to respond justifies an adverse inference.

Citation
[2006] DRS 3452
Parties
Complainant: Online Property Search Limited; Respondent: Ian Turnette
Jurisdiction
United Kingdom
Judgment Date
04 April 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Passing Off Abusive Registration

Case Brief

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Parties

Online Property Search Limited

Complainant

Ian Turnette

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant has rights in the mark ROOST, which is not descriptive of its business. The domain names are similar to the complainant's mark as they consist of ROOST plus a generic place name. The respondent registered the domain names either to block the complainant or disrupt its business, constituting abusive registration. The respondent's failure to respond justifies an adverse inference.

Court Disposition

Complaint upheld

Orders

  • The domain names are to be transferred to the complainant.