Briscoe v Rodenberg [2008] DRS 5718 (23 September 2008)
The respondent's use of the domain name and website, including misleading claims of being the complainant's official fan club, confused users and media into believing the site was operated or authorised by the complainant, thereby taking unfair advantage of and being unfairly detrimental to her rights. This constitutes abusive registration under the Nominet DRS Policy.
- Citation
- [2008] DRS 5718
- Parties
- Complainant: Constance Briscoe; Respondent: Jeroen Rodenberg
- Jurisdiction
- United Kingdom
- Judgment Date
- 23 September 2008
- Procedural Posture
- Domain Name Dispute / Expert Adjudication
- Outcome
- Domain name transferred to complainant
- Legal Topics
- Domain Name Registration, Passing Off, Abusive Registration, Rights in Name
Case Brief
Summary, issues, holding and outcome
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Parties
Constance Briscoe
Complainant
Jeroen Rodenberg
Respondent
Procedural Posture
Domain Name Dispute / Expert Adjudication
Legal Issues
- 1 Whether the complainant has rights in the name identical or similar to the domain name
- 2 Whether the domain name constitutes an abusive registration
Ratio Decidendi
The respondent's use of the domain name and website, including misleading claims of being the complainant's official fan club, confused users and media into believing the site was operated or authorised by the complainant, thereby taking unfair advantage of and being unfairly detrimental to her rights. This constitutes abusive registration under the Nominet DRS Policy.
Court Disposition
Domain name transferred to complainant
Orders
- Transfer of domain name constancebriscoe.co.uk to Constance Briscoe
Full Case Text
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