800Contac Ltd & Phonenames Ltd -v- Iris Online Ltd [2004] DRS 1404 (19 February 2004)

800Contac Ltd & Phonenames Ltd -v- Iris Online Ltd [2004] DRS 1404 (19 February 2004)

The second complainant has rights in the registered trade mark 800 CONTAC, which is similar to the domain name, but has not established rights in the phone name itself. The respondent's registration and use of the domain name was not abusive, as there was no evidence of intent to confuse or unfair advantage, and any confusion arose from complainants' later market entry.

Citation
[2004] DRS 1404
Parties
Complainant: 800 Contac Limited; Complainant: Phonenames Limited; Respondent: Iris Online Limited
Jurisdiction
United Kingdom
Judgment Date
19 February 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
complaint dismissed
Legal Topics
Domain Name, Trade Mark, Abusive Registration
Intellectual Property Internet Law Domain Name Trade Mark Abusive Registration

Case Brief

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Parties

800 Contac Limited

Complainant

Phonenames Limited

Complainant

Iris Online Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The second complainant has rights in the registered trade mark 800 CONTAC, which is similar to the domain name, but has not established rights in the phone name itself. The respondent's registration and use of the domain name was not abusive, as there was no evidence of intent to confuse or unfair advantage, and any confusion arose from complainants' later market entry.

Court Disposition

complaint dismissed