Inside Communications v Jazz Publishing Ltd [2005] DRS 02620 (23 June 2005)

Inside Communications v Jazz Publishing Ltd [2005] DRS 02620 (23 June 2005)

The complainant has rights in the name 'backstreetheroes' through extensive use in its magazine and website. The domain name was registered and used by the respondent in a manner that took unfair advantage of the complainant's rights, satisfying the definition of abusive registration under the Policy.

Citation
[2005] DRS 02620
Parties
Complainant: Inside Communications; Respondent: Jazz Publishing Ltd
Jurisdiction
United Kingdom
Judgment Date
23 June 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Abusive Registration, Trademark Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Trademark Rights

Case Brief

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Parties

Inside Communications

Complainant

Jazz Publishing Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 has rights in the name 'backstreetheroes' through extensive use in its magazine and website. The domain name was registered and used by the respondent in a manner that took unfair advantage of the complainant's rights, satisfying the definition of abusive registration under the Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name backstreetheroes.co.uk is to be transferred to Inside Communications.