Bosendorfer UK Ltd -v- Kensington Computers [2002] DRS 461 (11 October 2002)

Bosendorfer UK Ltd -v- Kensington Computers [2002] DRS 461 (11 October 2002)

Complainant has rights in the name 'bosendorfer', but evidence does not establish that the domain name was registered or used abusively by the respondent; no proof of unfair advantage, disruption, confusion, or pattern of abusive registrations.

Citation
[2002] DRS 461
Parties
Complainant: Bosendorfer UK Ltd; Respondent: Kensington Computers
Jurisdiction
United Kingdom
Judgment Date
11 October 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint refused
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

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Parties

Bosendorfer UK Ltd

Complainant

Kensington Computers

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Does the complainant have rights in the name 'bosendorfer'?
  2. 2 Is the domain name 'bosendorfer.co.uk' an abusive registration in the hands of the respondent?

Ratio Decidendi

Complainant has rights in the name 'bosendorfer', but evidence does not establish that the domain name was registered or used abusively by the respondent; no proof of unfair advantage, disruption, confusion, or pattern of abusive registrations.

Court Disposition

Complaint refused