Pensions Advisory Service Ltd v Hall [2007] DRS 4950 (24 September 2007)
The complainant has narrowly established rights in the name 'The Pensions Advisory Service' and the respondent registered and used domain names identical or similar to the complainant's name for sponsored links, diverting and confusing traffic, which constitutes abusive registration.
- Citation
- [2007] DRS 4950
- Parties
- Complainant: The Pensions Advisory Service Limited; Respondent: Mark Hall
- Jurisdiction
- United Kingdom
- Judgment Date
- 24 September 2007
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Domain names to be transferred to complainant
- Legal Topics
- Domain Name Registration, Abusive Registration, Common Law Rights, Passing Off
Case Brief
Summary, issues, holding and outcome
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Parties
The Pensions Advisory Service Limited
Complainant
Mark Hall
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain names
- 2 Whether the domain names are abusive registrations in the hands of the respondent
Ratio Decidendi
The complainant has narrowly established rights in the name 'The Pensions Advisory Service' and the respondent registered and used domain names identical or similar to the complainant's name for sponsored links, diverting and confusing traffic, which constitutes abusive registration.
Court Disposition
Domain names to be transferred to complainant
Orders
- Transfer of pensionadvisoryservice.org.uk to complainant
- Transfer of pensionsadvisoryservice.co.uk to complainant
Full Case Text
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