First Strokes Swim Schools Ltd v Lancaster [2008] DRS 6267 (28 November 2008)

First Strokes Swim Schools Ltd v Lancaster [2008] DRS 6267 (28 November 2008)

FSSSL established sufficient goodwill and distinctiveness in the name 'First Strokes' to have unregistered rights. Ms Lancaster, with knowledge of FSSSL's business, registered and used the domain in a manner likely to confuse customers and disrupt FSSSL's business, constituting abusive registration under the DRS Policy.

Citation
[2008] DRS 6267
Parties
Complainant: First Strokes Swim Schools Limited; Respondent: Kate Lancaster
Jurisdiction
United Kingdom
Judgment Date
28 November 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant.
Legal Topics
Domain Name Disputes, Passing Off, Goodwill, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Goodwill Abusive Registration

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Parties

First Strokes Swim Schools Limited

Complainant

Kate Lancaster

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the name 'First Strokes' similar to the disputed domain name
  2. 2 Whether the respondent's registration and use of the domain name constitutes abusive registration under the Nominet DRS Policy

Ratio Decidendi

FSSSL established sufficient goodwill and distinctiveness in the name 'First Strokes' to have unregistered rights. Ms Lancaster, with knowledge of FSSSL's business, registered and used the domain in a manner likely to confuse customers and disrupt FSSSL's business, constituting abusive registration under the DRS Policy.

Court Disposition

Domain name to be transferred to the complainant.

Orders

  • The domain name firststrokes.co.uk is to be transferred to First Strokes Swim Schools Limited.