ISL Informer Systems Ltd -v- Dallaway [2003] DRS 1014 (7 July 2003)

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

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Parties

ISL Informer Systems Limited

Complainant

John Dallaway

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

  1. 1 Whether the complainant had rights in a name or mark identical or similar to the domain name at the relevant time
  2. 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.