ITV Consumer Limited v Lian Hua [2010] DRS 8690 (12 August 2010)

ITV Consumer Limited v Lian Hua [2010] DRS 8690 (12 August 2010)

The complainant established rights in the 'ITV PLAYER' mark, which is similar to the disputed domain name. The respondent registered the domain name with knowledge of the complainant's mark and used it to divert users and offer links to competing services, likely causing confusion and unfair disruption. The domain name constitutes an abusive registration.

Citation
[2010] DRS 8690
Parties
Complainant: ITV Consumer Limited; Respondent: Lian Hua
Jurisdiction
United Kingdom
Judgment Date
12 August 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

ITV Consumer Limited

Complainant

Lian Hua

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 established rights in the 'ITV PLAYER' mark, which is similar to the disputed domain name. The respondent registered the domain name with knowledge of the complainant's mark and used it to divert users and offer links to competing services, likely causing confusion and unfair disruption. The domain name constitutes an abusive registration.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name itviplayer.co.uk is to be transferred to the complainant.