Amateur Boxing Association of England v Green [2006] DRS 3977 (20 December 2006)

Amateur Boxing Association of England v Green [2006] DRS 3977 (20 December 2006)

The complainant established sufficient goodwill in the ABAE name for trademark rights. The domain name was registered as a result of the relationship between the parties, used exclusively by the complainant, and the respondent had no legitimate interest in retaining it. There was no agreement authorizing the respondent's ownership. The respondent's demand for £20,000 further indicated abusive registration. Thus, the domain name is an abusive registration and should be transferred.

Citation
[2006] DRS 3977
Parties
Complainant: Amateur Boxing Association of England; Respondent: Matthew Green
Jurisdiction
United Kingdom
Judgment Date
20 December 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Abusive Registration, Passing Off, Goodwill, Domain Name Transfer
Intellectual Property Domain Name Law Abusive Registration Passing Off Goodwill Domain Name Transfer

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Parties

Amateur Boxing Association of England

Complainant

Matthew Green

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 registration of the domain name by the respondent constitutes an abusive registration

Ratio Decidendi

The complainant established sufficient goodwill in the ABAE name for trademark rights. The domain name was registered as a result of the relationship between the parties, used exclusively by the complainant, and the respondent had no legitimate interest in retaining it. There was no agreement authorizing the respondent's ownership. The respondent's demand for £20,000 further indicated abusive registration. Thus, the domain name is an abusive registration and should be transferred.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name is to be transferred to the complainant.