British Critical Incident Stress Foundation -v- Durkin [2002] DRS 490 (30 August 2002)

British Critical Incident Stress Foundation -v- Durkin [2002] DRS 490 (30 August 2002)

The complainant failed to establish rights in respect of a name or mark identical or similar to the domain name as required by the Policy, as the relevant date for establishing such rights predated the complainant's formal establishment and the Letter of Understanding. The existence of a confidential relationship did not create a right in relation to a name or mark under the Policy.

Citation
[2002] DRS 490
Parties
Complainant: British Critical Incident Stress Foundation; Respondent: John Durkin
Jurisdiction
United Kingdom
Judgment Date
30 August 2002
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint refused
Legal Topics
Domain Name Disputes, Passing Off, Confidential Information
Intellectual Property Internet Law Domain Name Disputes Passing Off Confidential Information

Case Brief

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Parties

British Critical Incident Stress Foundation

Complainant

John Durkin

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant failed to establish rights in respect of a name or mark identical or similar to the domain name as required by the Policy, as the relevant date for establishing such rights predated the complainant's formal establishment and the Letter of Understanding. The existence of a confidential relationship did not create a right in relation to a name or mark under the Policy.

Court Disposition

complaint refused

Orders

  • The complaint in respect of the domain name bcisf.org.uk is refused.