TC Hayes Ltd -v- Green [2003] DRS 1180 (9 October 2003)

TC Hayes Ltd -v- Green [2003] DRS 1180 (9 October 2003)

The complainant has established common law rights in the name T. C. Hayes through longstanding use and reputation. The respondent registered the domain name without legitimate explanation, likely as a blocking registration, taking unfair advantage of the complainant's rights. The domain name is therefore an abusive registration and should be transferred.

Citation
[2003] DRS 1180
Parties
Complainant: T. C. Hayes Limited; Respondent: Jason Green
Jurisdiction
United Kingdom
Judgment Date
09 October 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Registration, Abusive Registration, Common Law Rights, Passing Off
Intellectual Property Internet Law Domain Name Registration Abusive Registration Common Law Rights Passing Off

Case Brief

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Parties

T. C. Hayes Limited

Complainant

Jason Green

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 name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant has established common law rights in the name T. C. Hayes through longstanding use and reputation. The respondent registered the domain name without legitimate explanation, likely as a blocking registration, taking unfair advantage of the complainant's rights. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of domain name tchayes.co.uk to T. C. Hayes Limited