RED TIGER KARATE LIMITED v Melissa Drain [2010] DRS 7906 (06 July 2010)

RED TIGER KARATE LIMITED v Melissa Drain [2010] DRS 7906 (06 July 2010)

The Complainant has rights in the name 'Red Tiger Karate', but these rights are not exclusive and are shared with others, including the Respondent. The Respondent was commonly known by the name and made a genuine offering of services under it. The Complainant failed to prove exclusive rights or that the Domain Name was an Abusive Registration. The Domain Name is not an Abusive Registration under the Policy.

Citation
[2010] DRS 7906
Parties
Complainant: Red Tiger Karate Limited; Respondent: Melissa Drain
Jurisdiction
United Kingdom
Judgment Date
06 July 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Common Law Rights, Passing Off, Goodwill, Domain Name Transfer
Intellectual Property Domain Name Law Abusive Registration Common Law Rights Passing Off Goodwill Domain Name Transfer

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Parties

Red Tiger Karate Limited

Complainant

Melissa Drain

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Does the Complainant have rights in the name or mark identical or similar to the Domain Name?
  2. 2 Is the Domain Name, in the hands of the Respondent, an Abusive Registration under the Policy?

Ratio Decidendi

The Complainant has rights in the name 'Red Tiger Karate', but these rights are not exclusive and are shared with others, including the Respondent. The Respondent was commonly known by the name and made a genuine offering of services under it. The Complainant failed to prove exclusive rights or that the Domain Name was an Abusive Registration. The Domain Name is not an Abusive Registration under the Policy.

Court Disposition

Complaint dismissed