Shires (GP) Ltd v Gordon [2007] DRS 4779 (2 October 2007)

Shires (GP) Ltd v Gordon [2007] DRS 4779 (2 October 2007)

The complainant established rights in the trademark 'HIGHCROSS QUARTER' and the domain name is identical. The respondent registered the domain on the same day the new name was announced, requested a seven-figure sum for transfer, and engaged in a pattern of similar registrations. The respondent's claim of prior preparations and use for a wiccan group was not credible. The domain name was found to be an abusive registration and should be transferred to the complainant.

Citation
[2007] DRS 4779
Parties
Complainant: Shires (GP) Limited; Respondent: Mel Gordon T/A WEBWORDWIZARDS.COM
Jurisdiction
United Kingdom
Judgment Date
02 October 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration Passing Off

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Parties

Shires (GP) Limited

Complainant

Mel Gordon T/A WEBWORDWIZARDS.COM

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the trademark 'HIGHCROSS QUARTER' and the domain name is identical. The respondent registered the domain on the same day the new name was announced, requested a seven-figure sum for transfer, and engaged in a pattern of similar registrations. The respondent's claim of prior preparations and use for a wiccan group was not credible. The domain name was found to be an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name <highcrossquarter.co.uk> is to be transferred to the complainant.