Bae Abermaw Hotel Ltd -v- Clarke [2003] DRS 1221 (12 November 2003)

Bae Abermaw Hotel Ltd -v- Clarke [2003] DRS 1221 (12 November 2003)

The complainant failed to establish, on the balance of probabilities, that it has rights in the name Bae Abermaw, and did not adequately explain or evidence why the domain name should be considered an abusive registration; therefore, the requirements of paragraph 2 of the Policy were not satisfied.

Citation
[2003] DRS 1221
Parties
Complainant: Bae Abermaw Hotel Ltd; Respondent: John Clarke
Jurisdiction
United Kingdom
Judgment Date
12 November 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint refused
Legal Topics
Domain Name Registration, Abusive Registration, Rights in Trade Names
Intellectual Property Internet Law Domain Name Registration Abusive Registration Rights in Trade Names

Case Brief

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Parties

Bae Abermaw Hotel Ltd

Complainant

John Clarke

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 constitutes an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant failed to establish, on the balance of probabilities, that it has rights in the name Bae Abermaw, and did not adequately explain or evidence why the domain name should be considered an abusive registration; therefore, the requirements of paragraph 2 of the Policy were not satisfied.

Court Disposition

Complaint refused

Orders

  • Request for transfer of the domain name baeabermaw.co.uk is denied.