Big Yellow Group plc -v- Inca Research Inc [2002] DRS 654 (6 December 2002)

Big Yellow Group plc -v- Inca Research Inc [2002] DRS 654 (6 December 2002)

The complainant established rights in the name 'Big Yellow' through trade marks and goodwill. The respondent's explanations for registration were contradictory and unsupported, and the domain was registered with the complainant in mind for profit. The domain name bigyellow.co.uk is an abusive registration and should be transferred.

Citation
[2002] DRS 654
Parties
Complainant: Big Yellow Group Plc; Respondent: Inca Research Inc
Jurisdiction
United Kingdom
Judgment Date
06 December 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trade Mark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Abusive Registration

Case Brief

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Parties

Big Yellow Group Plc

Complainant

Inca Research Inc

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Big Yellow' identical or similar to the domain name bigyellow.co.uk
  2. 2 Whether the domain name bigyellow.co.uk is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the name 'Big Yellow' through trade marks and goodwill. The respondent's explanations for registration were contradictory and unsupported, and the domain was registered with the complainant in mind for profit. The domain name bigyellow.co.uk is an abusive registration and should be transferred.

Court Disposition

Complaint upheld

Orders

  • The domain name bigyellow.co.uk should be transferred to the complainant.