800 Contac Ltd & Phonenames Ltd -v- Iris Online Ltd [2004] DRS 1404_Appeal (02 March 2004)
The complainants failed to establish rights in the descriptive phone name 0800 CONTACTS. The registered trade mark 800 CONTAC is similar to the domain name, but the domain name's use in connection with generic goods and services does not constitute abusive registration. Mere confusion is insufficient where the name is descriptive and incapable of distinguishing the complainants' business.
- Citation
- [2004] DRS 1404
- Parties
- Complainant: 800 Contac Limited; Complainant: Phonenames Limited; Respondent: Iris Online Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 March 2004
- Procedural Posture
- Domain Name Dispute Appeal / Appeal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Trade Marks, Descriptive Marks, Abusive Registration, Domain Name Confusion
Case Brief
Summary, issues, holding and outcome
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Parties
800 Contac Limited
Complainant
Phonenames Limited
Complainant
Iris Online Limited
Respondent
Procedural Posture
Domain Name Dispute Appeal / Appeal Decision
Legal Issues
- 1 Whether the complainants have rights in a name or mark similar to the domain name
- 2 Whether the domain name is an abusive registration in the hands of the respondent
Ratio Decidendi
The complainants failed to establish rights in the descriptive phone name 0800 CONTACTS. The registered trade mark 800 CONTAC is similar to the domain name, but the domain name's use in connection with generic goods and services does not constitute abusive registration. Mere confusion is insufficient where the name is descriptive and incapable of distinguishing the complainants' business.
Court Disposition
Appeal dismissed
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