ISL Informer Systems Ltd -v- Dallaway [2003] DRS 1014 (7 July 2003)
The complainant failed to provide evidence of rights in the name or mark at the time of the respondent's registration of the domain name; therefore, the domain name was not an abusive registration under the Policy.
- Citation
- [2003] DRS 1014
- Parties
- Complainant: ISL Informer Systems Limited; Respondent: John Dallaway
- Jurisdiction
- United Kingdom
- Judgment Date
- 07 July 2003
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Complaint dismissed
- Legal Topics
- Domain Name Disputes, Trade Marks, Abusive Registration
Case Brief
Summary, issues, holding and outcome
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Parties
ISL Informer Systems Limited
Complainant
John Dallaway
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant had rights in a name or mark identical or similar to the domain name at the relevant time
- 2 Whether the domain name was an abusive registration under the Nominet UK Dispute Resolution Service Policy
Ratio Decidendi
The complainant failed to provide evidence of rights in the name or mark at the time of the respondent's registration of the domain name; therefore, the domain name was not an abusive registration under the Policy.
Court Disposition
Complaint dismissed
Orders
- The domain name sentrinet.co.uk should not be transferred from the respondent to the complainant.
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