Cheltenham & Gloucester plc v Ryder [2008] DRS 05265 (15 January 2008)

Cheltenham & Gloucester plc v Ryder [2008] DRS 05265 (15 January 2008)

The complainant established rights in the 'Norton Finance' name and mark, and the domain name is confusingly similar. The respondent registered and used the domain name to take unfair advantage of the complainant's rights, confuse the public, and as part of a pattern of abusive registrations. The domain name is...

Source-derived case information.

Citation
[2008] DRS 05265
Parties
Complainant: Norton Finance (UK) Limited; Respondent: James Robinson
Jurisdiction
United Kingdom
Judgment Date
15 January 2008
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trade Marks, Abusive Registration, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Disputes Trade Marks Abusive Registration Passing Off Domain Name Transfer

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Parties

Norton Finance (UK) Limited

Complainant

James Robinson

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Determination

Legal Issues

  1. 1 Whether the complainant has 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 complainant established rights in the 'Norton Finance' name and mark, and the domain name is confusingly similar. The respondent registered and used the domain name to take unfair advantage of the complainant's rights, confuse the public, and as part of a pattern of abusive registrations. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Complaint upheld

Orders

  • The domain name wwwnortonfinance.co.uk is to be transferred to the complainant.