Fremantle Media Ltd v McLlroy [2008] DRS 5711 (20 August 2008)

Fremantle Media Ltd v McLlroy [2008] DRS 5711 (20 August 2008)

The complainant owns rights in the 'GOT TALENT' and 'BRITAIN'S GOT TALENT' marks, which are identical or similar to the disputed domain names. While initial registration of britainsgottalent.co.uk was not abusive, subsequent use of the domain name, including website content and advertising, took unfair advantage of the complainant's rights and created a likelihood of confusion. The registration and use of scotlandsgottalent.co.uk was also abusive, as it was intended to exploit the success of the complainant's TV series. Both domain names are abusive registrations under the Policy.

Citation
[2008] DRS 5711
Parties
Complainant: Fremantle Media Limited; Respondent: J Mcllroy
Jurisdiction
United Kingdom
Judgment Date
20 August 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Goodwill
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration Goodwill

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Parties

Fremantle Media Limited

Complainant

J Mcllroy

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain names
  2. 2 Whether the domain names in the hands of the respondent constitute abusive registration

Ratio Decidendi

The complainant owns rights in the 'GOT TALENT' and 'BRITAIN'S GOT TALENT' marks, which are identical or similar to the disputed domain names. While initial registration of britainsgottalent.co.uk was not abusive, subsequent use of the domain name, including website content and advertising, took unfair advantage of the complainant's rights and created a likelihood of confusion. The registration and use of scotlandsgottalent.co.uk was also abusive, as it was intended to exploit the success of the complainant's TV series. Both domain names are abusive registrations under the Policy.

Court Disposition

Complaint upheld

Orders

  • Transfer of britainsgottalent.co.uk and scotlandsgottalent.co.uk to the owners of the rights (Fremantle Media Limited and Simco Limited)