Jemella Ltd v Landlord Mortgages Ltd [2006] DRS 3078 (21 February 2006)

Jemella Ltd v Landlord Mortgages Ltd [2006] DRS 3078 (21 February 2006)

The complainant had rights in the GHD mark at the date of complaint, but the respondent registered the domain name before those rights existed and did not have the complainant in mind. The respondent's subsequent attempts to sell the domain name to the complainant and its authorised distributors, even at a high price, do not amount to abusive registration under the DRS Policy. Offering the domain name to authorised distributors is not inherently abusive. The appeal is allowed and no action is taken regarding the domain name.

Citation
[2006] DRS 3078
Parties
Complainant: Jemella Ltd; Respondent: Landlord Mortgages Ltd
Jurisdiction
United Kingdom
Judgment Date
21 February 2006
Procedural Posture
Domain Name Dispute Appeal / Appeal Decision
Outcome
Appeal allowed
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Nominet DRS Policy
Intellectual Property Internet Law Domain Names Trade Marks Abusive Registration Nominet DRS Policy

Case Brief

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Parties

Jemella Ltd

Complainant

Landlord Mortgages Ltd

Respondent

Procedural Posture

Domain Name Dispute Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark GHD identical to the domain name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant had rights in the GHD mark at the date of complaint, but the respondent registered the domain name before those rights existed and did not have the complainant in mind. The respondent's subsequent attempts to sell the domain name to the complainant and its authorised distributors, even at a high price, do not amount to abusive registration under the DRS Policy. Offering the domain name to authorised distributors is not inherently abusive. The appeal is allowed and no action is taken regarding the domain name.

Court Disposition

Appeal allowed

Orders

  • Expert's decision reversed
  • No action to be taken in respect of the domain name ghd.co.uk