Royal Mint v Chard [2006] DRS 3332 (19 March 2006)

Royal Mint v Chard [2006] DRS 3332 (19 March 2006)

The complainant has rights in the ROYAL MINT name, and the respondent registered and offered the domain name for sale at a price far exceeding out-of-pocket costs, specifically targeting the complainant and engaging in a pattern of abusive registrations. This constitutes an abusive registration under the Policy.

Citation
[2006] DRS 3332
Parties
Complainant: Royal Mint; Respondent: Lawrence Chard
Jurisdiction
United Kingdom
Judgment Date
19 March 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Royal Mint

Complainant

Lawrence Chard

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

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

Ratio Decidendi

The complainant has rights in the ROYAL MINT name, and the respondent registered and offered the domain name for sale at a price far exceeding out-of-pocket costs, specifically targeting the complainant and engaging in a pattern of abusive registrations. This constitutes an abusive registration under the Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name royalmail.co.uk is to be transferred to the complainant.
  • The provisions of article 3c of the DRS Policy shall apply to all associated entities engaged in the pattern of abusive registrations.