Healer v Cotter [2008] DRS 5371 (13 May 2008)

Healer v Cotter [2008] DRS 5371 (13 May 2008)

The respondent registered and used the domain name, which is identical to the complainant's trading name, with the intention of causing disruption and damage to the complainant. Such use constitutes abusive registration as it takes unfair advantage of the complainant's rights and is not fair use under the policy.

Citation
[2008] DRS 5371
Parties
Complainant: Mr Martin Healer; Respondent: Justin Cotter
Jurisdiction
United Kingdom
Judgment Date
13 May 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Abusive Registration, Unregistered Trademark Rights, Right to Privacy
Intellectual Property Information Technology Domain Name Disputes Abusive Registration Unregistered Trademark Rights Right to Privacy

Case Brief

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Parties

Mr Martin Healer

Complainant

Justin Cotter

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name 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 respondent registered and used the domain name, which is identical to the complainant's trading name, with the intention of causing disruption and damage to the complainant. Such use constitutes abusive registration as it takes unfair advantage of the complainant's rights and is not fair use under the policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name martinhealer.co.uk is to be transferred to the complainant.