Associated Newspapers Ltd v Jin [2005] DRS 02181 (07 January 2005)

Associated Newspapers Ltd v Jin [2005] DRS 02181 (07 January 2005)

The complainant has rights in the marks. The respondents registered multiple misspelled domain names similar to the complainant's marks and used them to generate income via sponsored links, taking unfair advantage of the complainant's rights. This constitutes abusive registration for the 'Daily Mail' related domains but not for 'thiislondon.co.uk', where insufficient evidence of abuse was found.

Citation
[2005] DRS 02181
Parties
Complainant: Associated Newspapers Limited; Respondent: Mark Twist; Respondent: M. Strong t/a Fuz Pty Ltd; Respondent: Aaron Maddely t/a Fuz Pty Ltd
Jurisdiction
United Kingdom
Judgment Date
07 January 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Partially upheld
Legal Topics
Domain Names, Trade Marks, Typosquatting, Abusive Registration
Intellectual Property Information Technology Domain Names Trade Marks Typosquatting Abusive Registration

Case Brief

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Parties

Associated Newspapers Limited

Complainant

Mark Twist

Respondent

M. Strong t/a Fuz Pty Ltd

Respondent

Aaron Maddely t/a Fuz Pty Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the disputed domain names are abusive registrations under the Nominet DRS Policy
  2. 2 Whether the complainant has rights in the relevant marks
  3. 3 Whether the domain names correspond to or are confusingly similar to the complainant's marks

Ratio Decidendi

The complainant has rights in the marks. The respondents registered multiple misspelled domain names similar to the complainant's marks and used them to generate income via sponsored links, taking unfair advantage of the complainant's rights. This constitutes abusive registration for the 'Daily Mail' related domains but not for 'thiislondon.co.uk', where insufficient evidence of abuse was found.

Court Disposition

Partially upheld

Orders

  • Transfer of dailmail.co.uk to the complainant
  • Transfer of dailymai.co.uk, daiymail.co.uk, dailylmail.co.uk, dailtmail.co.uk, dialymail.co.uk, dailymaill.co.uk to the complainant