Oasis Stores Ltd v Dale [2009] DRS 6365 (05 May 2009)

Oasis Stores Ltd v Dale [2009] DRS 6365 (05 May 2009)

The Panel found that the Complainant's own actions in using the domain names as keywords and meta tags contributed to the appearance of clothing-related links on the Respondent's parked page. There was insufficient evidence that the Respondent registered or used the domain name to target the Complainant or take unfair advantage of its rights. The Panel admitted the new evidence and concluded that the registration was not abusive.

Citation
[2009] DRS 6365
Parties
Complainant: Oasis Stores Limited; Respondent: J Dale
Jurisdiction
United Kingdom
Judgment Date
05 May 2009
Procedural Posture
Domain Name Dispute Appeal / Appeal Decision
Outcome
Appeal allowed; complaint dismissed
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration, Parking Pages, Keyword Advertising
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration Parking Pages Keyword Advertising

Case Brief

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Parties

Oasis Stores Limited

Complainant

J Dale

Respondent

Procedural Posture

Domain Name Dispute Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the domain name oasis.co.uk is an Abusive Registration under Nominet DRS Policy
  2. 2 Whether the Respondent's use of the domain name took unfair advantage of or was unfairly detrimental to the Complainant's rights
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The Panel found that the Complainant's own actions in using the domain names as keywords and meta tags contributed to the appearance of clothing-related links on the Respondent's parked page. There was insufficient evidence that the Respondent registered or used the domain name to target the Complainant or take unfair advantage of its rights. The Panel admitted the new evidence and concluded that the registration was not abusive.

Court Disposition

Appeal allowed; complaint dismissed

Orders

  • No action to be taken in respect of the complaint; the domain name oasis.co.uk is not to be transferred.