Gillett v Small [2008] DRS 6438 (12 December 2008)

Gillett v Small [2008] DRS 6438 (12 December 2008)

The complainant does not own rights in the name 'Polaris', and 'Polaris Rentals' is descriptive of a business type. The evidence does not show secondary meaning distinctive of the complainant. The respondent has as much right to the domain name as the complainant and merely registered it first.

Citation
[2008] DRS 6438
Parties
Complainant: Lee Gillett; Respondent: Malcolm Small
Jurisdiction
United Kingdom
Judgment Date
12 December 2008
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
No action
Legal Topics
Abusive Registration, Rights in Domain Names
Intellectual Property Domain Name Law Abusive Registration Rights in Domain Names

Case Brief

Summary, issues, holding and outcome

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Parties

Lee Gillett

Complainant

Malcolm Small

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 is an abusive registration

Ratio Decidendi

The complainant does not own rights in the name 'Polaris', and 'Polaris Rentals' is descriptive of a business type. The evidence does not show secondary meaning distinctive of the complainant. The respondent has as much right to the domain name as the complainant and merely registered it first.

Court Disposition

No action