Cancerbacup v Jin [2005] DRS 2850 (25 October 2005)

Cancerbacup v Jin [2005] DRS 2850 (25 October 2005)

The domain name cancerbackup.org.uk is phonetically and visually similar to the complainant's name CancerBACUP, is not a generic term, and was used in a manner likely to confuse users and take unfair advantage of the complainant's rights. The respondent's registration and use constituted an abusive registration under the DRS Policy.

Citation
[2005] DRS 2850
Parties
Complainant: Cancerbacup; Respondent: Kwan Jin
Jurisdiction
United Kingdom
Judgment Date
25 October 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trademark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Abusive Registration

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Parties

Cancerbacup

Complainant

Kwan Jin

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

The domain name cancerbackup.org.uk is phonetically and visually similar to the complainant's name CancerBACUP, is not a generic term, and was used in a manner likely to confuse users and take unfair advantage of the complainant's rights. The respondent's registration and use constituted an abusive registration under the DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name cancerbackup.org.uk is to be transferred to the complainant.