Autopage Ltd -v- Raymar (t/a Abel internet) [2003] DRS 745 (10 February 2003)

Autopage Ltd -v- Raymar (t/a Abel internet) [2003] DRS 745 (10 February 2003)

Complainant failed to prove, on balance of probabilities, that the respondent registered, acquired, or used the domain name in a manner which took unfair advantage of or was unfairly detrimental to the complainant's rights. The domain name is generic/descriptive and respondent's use is not abusive under the policy.

Citation
[2003] DRS 745
Parties
Complainant: Autopage Limited; Respondent: Max Raymar t/a Abel Internet
Jurisdiction
United Kingdom
Judgment Date
10 February 2003
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint refused
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

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Parties

Autopage Limited

Complainant

Max Raymar t/a Abel Internet

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Autopage' identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

Complainant failed to prove, on balance of probabilities, that the respondent registered, acquired, or used the domain name in a manner which took unfair advantage of or was unfairly detrimental to the complainant's rights. The domain name is generic/descriptive and respondent's use is not abusive under the policy.

Court Disposition

Complaint refused

Orders

  • Complaint in respect of the domain name AUTOPAGE.CO.UK is refused