Arbeta Plc -v- Potter [2003] DRS 827 (25 April 2003)

Arbeta Plc -v- Potter [2003] DRS 827 (25 April 2003)

On the balance of probabilities, the domain name was registered by the respondent in his capacity as a director of the complainant and paid for with a company credit card, making the complainant the rightful owner. The respondent's refusal to transfer the domain name constitutes bad faith and an abusive registration.

Citation
[2003] DRS 827
Parties
Complainant: Arbeta plc; Respondent: Mark Potter
Jurisdiction
United Kingdom
Judgment Date
25 April 2003
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Arbeta plc

Complainant

Mark Potter

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in respect of a 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

On the balance of probabilities, the domain name was registered by the respondent in his capacity as a director of the complainant and paid for with a company credit card, making the complainant the rightful owner. The respondent's refusal to transfer the domain name constitutes bad faith and an abusive registration.

Court Disposition

Complaint upheld

Orders

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