The Royal & Ancient Golf Club of St Andrews v The Championship Committee Merchandising Ltd [2005] DRS 02505 (02 June 2005)

The Royal & Ancient Golf Club of St Andrews v The Championship Committee Merchandising Ltd [2005] DRS 02505 (02 June 2005)

The domain name was registered and used in a manner unfairly detrimental to the complainants' rights, forming part of a pattern of registrations corresponding to well-known names in which the respondent had no rights. Likelihood of confusion among internet users was established, outweighing any claim of fair use.

Citation
[2005] DRS 02505
Parties
Complainant: The Royal & Ancient Golf Club of St Andrews; Complainant: The Championship Committee Merchandising Limited; Respondent: Jonathan Stock
Jurisdiction
United Kingdom
Judgment Date
02 June 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
complaint upheld
Legal Topics
Domain Name Registration, Trademark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Passing Off Abusive Registration

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Parties

The Royal & Ancient Golf Club of St Andrews

Complainant

The Championship Committee Merchandising Limited

Complainant

Jonathan Stock

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainants have rights in the name 'Royal and Ancient' identical or similar to the domain name.
  2. 2 Whether the domain name 'royalandancient.co.uk' is an abusive registration under the Nominet Policy.

Ratio Decidendi

The domain name was registered and used in a manner unfairly detrimental to the complainants' rights, forming part of a pattern of registrations corresponding to well-known names in which the respondent had no rights. Likelihood of confusion among internet users was established, outweighing any claim of fair use.

Court Disposition

complaint upheld

Orders

  • Transfer of the domain name 'royalandancient.co.uk' to the complainants