Kelseysbar v MGI [2007] DRS 4324 (1 February 2007)

Kelseysbar v MGI [2007] DRS 4324 (1 February 2007)

On the balance of probabilities, the complainant established rights in the name Kelseysbar and that the domain name was registered and held on its behalf, constituting abusive registration in the respondent's hands.

Citation
[2007] DRS 4324
Parties
Complainant: Kelseysbar; Respondent: MGI
Jurisdiction
United Kingdom
Judgment Date
01 February 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Abusive Registration, Contractual Rights, Goodwill and Reputation
Intellectual Property Information Technology Domain Name Disputes Abusive Registration Contractual Rights Goodwill and Reputation

Case Brief

Summary, issues, holding and outcome

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Parties

Kelseysbar

Complainant

MGI

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

On the balance of probabilities, the complainant established rights in the name Kelseysbar and that the domain name was registered and held on its behalf, constituting abusive registration in the respondent's hands.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name kelseysbar.co.uk to the complainant