Kevin Keatley Limited (t/a Wildlife Watching Supplies) v Carden [2010] DRS 8398 (04 June 2010)
The complainant established rights in the name 'Wildlife Watching Supplies' similar to the disputed domains. The respondent's use of the domains was likely to cause confusion and took unfair advantage of the complainant's rights. The respondent did not establish fair or independent use, and the domains constituted abusive registration.
- Citation
- [2010] DRS 8398
- Parties
- Complainant: Kevin Keatley Ltd.; Respondent: Janatha Carden
- Jurisdiction
- United Kingdom
- Judgment Date
- 04 June 2010
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Complaint upheld
- Legal Topics
- Abusive Registration, Passing Off, Descriptive Terms, Freedom of Expression
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kevin Keatley Ltd.
Complainant
Janatha Carden
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name similar to the disputed domain names
- 2 Whether the domain names constitute abusive registration in the hands of the respondent
Ratio Decidendi
The complainant established rights in the name 'Wildlife Watching Supplies' similar to the disputed domains. The respondent's use of the domains was likely to cause confusion and took unfair advantage of the complainant's rights. The respondent did not establish fair or independent use, and the domains constituted abusive registration.
Court Disposition
Complaint upheld
Orders
- Transfer of the domain names <wildlifewatchingsuppliesuk.co.uk> and <ukwildlifewatchingsupplies.co.uk> to the complainant
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment