McCarthy & Stone Plc v Tziviskos [2008] DRS 5844 (26 August 2008)

McCarthy & Stone Plc v Tziviskos [2008] DRS 5844 (26 August 2008)

The complainant has rights in a name essentially identical to the domain name, and the respondent's use of the domain name as a parking site for links to similar businesses is likely to confuse users and takes unfair advantage of the complainant's rights, constituting abusive registration.

Citation
[2008] DRS 5844
Parties
Complainant: McCarthy & Stone Plc; Respondent: John Tziviskos
Jurisdiction
United Kingdom
Judgment Date
26 August 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

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Parties

McCarthy & Stone Plc

Complainant

John Tziviskos

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has rights in a name essentially identical to the domain name, and the respondent's use of the domain name as a parking site for links to similar businesses is likely to confuse users and takes unfair advantage of the complainant's rights, constituting abusive registration.

Court Disposition

Domain name transfer ordered

Orders

  • The respondent is directed to transfer the domain name mccarthystone.co.uk to the complainant.