Large Holiday Houses v IcedIT.com [2008] DRS 05184 (3 January 2008)

Large Holiday Houses v IcedIT.com [2008] DRS 05184 (3 January 2008)

The Complainant has acquired sufficient goodwill and reputation in the name 'LHH' to establish rights, and the Respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the Policy.

Citation
[2008] DRS 05184
Parties
Complainant: Large Holiday Houses; Respondent: IcedIT.com
Jurisdiction
United Kingdom
Judgment Date
03 January 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Domain Name Dispute, Abusive Registration, Passing Off, Common Law Rights
Intellectual Property Internet Law Domain Name Dispute Abusive Registration Passing Off Common Law Rights

Case Brief

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Parties

Large Holiday Houses

Complainant

IcedIT.com

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name is an abusive registration under Nominet's Policy

Ratio Decidendi

The Complainant has acquired sufficient goodwill and reputation in the name 'LHH' to establish rights, and the Respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the Policy.

Court Disposition

Domain name transferred to Complainant

Orders

  • The domain name www.lhhscotland.co.uk is to be transferred to Large Holiday Houses