Govia Ltd -v- Painter [2002] DRS 238 (21 March 2002)

Govia Ltd -v- Painter [2002] DRS 238 (21 March 2002)

The complainant proved rights in the mark 'NEW SOUTHERN RAILWAY' as at the date of domain registration. The respondent's registration was a blocking registration, unfairly detrimental to the complainant's rights, and thus constituted an abusive registration under the Policy.

Citation
[2002] DRS 238
Parties
Complainant: GOVIA Limited; Respondent: Keith Painter
Jurisdiction
United Kingdom
Judgment Date
21 March 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property IT Law Domain Name Registration Passing Off Abusive Registration

Case Brief

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Parties

GOVIA Limited

Complainant

Keith Painter

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the mark 'NEW SOUTHERN RAILWAY'
  2. 2 Whether the domain name registration constitutes an abusive registration

Ratio Decidendi

The complainant proved rights in the mark 'NEW SOUTHERN RAILWAY' as at the date of domain registration. The respondent's registration was a blocking registration, unfairly detrimental to the complainant's rights, and thus constituted an abusive registration under the Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of newsouthernrailway.co.uk to GOVIA Limited