Wrigglesworth v Insiteswebdesign [2008] DRS 5536 (24 April 2008)

Wrigglesworth v Insiteswebdesign [2008] DRS 5536 (24 April 2008)

The complainant established unregistered rights in the name 'Bootham Guest House' but failed to prove on the balance of probabilities that the domain name was an abusive registration as defined by the Policy. There was insufficient evidence of abuse, including lack of evidence of payment for registration or exclusive use by the complainant, and no express or implied case under the relevant Policy provisions.

Citation
[2008] DRS 5536
Parties
Complainant: Mrs Emma Wrigglesworth; Respondent: insiteswebdesign
Jurisdiction
United Kingdom
Judgment Date
24 April 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint refused
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration, Unregistered Rights
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration Unregistered Rights

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Parties

Mrs Emma Wrigglesworth

Complainant

insiteswebdesign

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the domain name similar or identical to the disputed domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established unregistered rights in the name 'Bootham Guest House' but failed to prove on the balance of probabilities that the domain name was an abusive registration as defined by the Policy. There was insufficient evidence of abuse, including lack of evidence of payment for registration or exclusive use by the complainant, and no express or implied case under the relevant Policy provisions.

Court Disposition

Complaint refused