WST Charters Ltd v Ligang Sup [2005] DRS 2631 (15 July 2005)

WST Charters Ltd v Ligang Sup [2005] DRS 2631 (15 July 2005)

The complainant established rights in the name 'Issta' through longstanding use and goodwill, and the respondent's registration and use of the identical domain name for a travel portal was found to be abusive, likely to cause confusion, and intended to take unfair advantage of the complainant's reputation.

Citation
[2005] DRS 2631
Parties
Complainant: WST Charters Ltd; Respondent: Ligang Sup
Jurisdiction
United Kingdom
Judgment Date
15 July 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to complainant
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

WST Charters Ltd

Complainant

Ligang Sup

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name 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 name 'Issta' through longstanding use and goodwill, and the respondent's registration and use of the identical domain name for a travel portal was found to be abusive, likely to cause confusion, and intended to take unfair advantage of the complainant's reputation.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name issta.co.uk is to be transferred to WST Charters Ltd.