DatingDirect.com Ltd -v- Keepmajor Ltd [2003] DRS 1022 (28 July 2003)

DatingDirect.com Ltd -v- Keepmajor Ltd [2003] DRS 1022 (28 July 2003)

The complainant has rights in the name DatingDirect, and the domain names DATINDIRECT.CO.UK, DATINDIRECT.ORG.UK, and DATINDIRECT.ME.UK are abusive registrations as they were registered in a manner that took unfair advantage of the complainant's rights. The other domain names, FREEDATINGDIRECT.CO.UK and WORLDDATINGDIRECT.CO.UK, are not abusive registrations as there is no evidence of abusive use.

Citation
[2003] DRS 1022
Parties
Complainant: DatingDirect.com Limited; Respondent: Keepmajor Limited; Respondent: World Dating Direct; Respondent: Robert Swan
Jurisdiction
United Kingdom
Judgment Date
28 July 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Partially upheld
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

Case Brief

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Parties

DatingDirect.com Limited

Complainant

Keepmajor Limited

Respondent

World Dating Direct

Respondent

Robert Swan

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the disputed domain names
  2. 2 Whether the disputed domain names constitute abusive registrations under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant has rights in the name DatingDirect, and the domain names DATINDIRECT.CO.UK, DATINDIRECT.ORG.UK, and DATINDIRECT.ME.UK are abusive registrations as they were registered in a manner that took unfair advantage of the complainant's rights. The other domain names, FREEDATINGDIRECT.CO.UK and WORLDDATINGDIRECT.CO.UK, are not abusive registrations as there is no evidence of abusive use.

Court Disposition

Partially upheld

Orders

  • Transfer of DATINDIRECT.CO.UK, DATINDIRECT.ORG.UK, and DATINDIRECT.ME.UK to the complainant
  • Refusal to transfer FREEDATINGDIRECT.CO.UK and WORLDDATINGDIRECT.CO.UK