Lansdown v Maxan [2007] DRS 4258 (11 January 2007)

Lansdown v Maxan [2007] DRS 4258 (11 January 2007)

The complainant established common law rights in the name 'Hargreaves Lansdown' and the domain name was found to be sufficiently similar. The respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to the complainant's rights, constituting an abusive registration.

Citation
[2007] DRS 4258
Parties
Complainant: Hargreaves Lansdown; Respondent: Jason Maxan
Jurisdiction
United Kingdom
Judgment Date
11 January 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Goodwill, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Goodwill Abusive Registration

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Parties

Hargreaves Lansdown

Complainant

Jason Maxan

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established common law rights in the name 'Hargreaves Lansdown' and the domain name was found to be sufficiently similar. The respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to the complainant's rights, constituting an abusive registration.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name should be transferred to the complainant.