mTrack Services Ltd v Newman [2004] DRS 02021 (09 November 2004)

mTrack Services Ltd v Newman [2004] DRS 02021 (09 November 2004)

The Complainant did not have rights in 'KidsOK' at the time the Respondent registered the domain name in January 2000, nor was there evidence of use by the Respondent that was unfairly detrimental to the Complainant's rights. Therefore, the domain name is not an Abusive Registration under the Policy.

Citation
[2004] DRS 02021
Parties
Complainant: mTrack Services Limited; Respondent: L. P. Newman
Jurisdiction
United Kingdom
Judgment Date
09 November 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Trade Mark Rights, Domain Name Transfer
Intellectual Property Domain Name Law Abusive Registration Trade Mark Rights Domain Name Transfer

Case Brief

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Parties

mTrack Services Limited

Complainant

L. P. Newman

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the domain name 'kidsok.co.uk' is an Abusive Registration under the Nominet DRS Policy
  2. 2 Whether the Complainant had rights in 'KidsOK' at the time of registration or use by the Respondent

Ratio Decidendi

The Complainant did not have rights in 'KidsOK' at the time the Respondent registered the domain name in January 2000, nor was there evidence of use by the Respondent that was unfairly detrimental to the Complainant's rights. Therefore, the domain name is not an Abusive Registration under the Policy.

Court Disposition

Complaint dismissed