Ryanair Ltd v Coulston [2006] DRS 3655 (26 July 2006)
The domain name ryanair.org.uk is identical to the complainant's mark, and its use by the respondent caused confusion and unfair disruption to the complainant's business, including by publication of internal email addresses. The registration and use took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting an abusive registration under the Policy.
- Citation
- [2006] DRS 3655
- Parties
- Complainant: Ryanair Limited; Respondent: Michael Coulston
- Jurisdiction
- United Kingdom
- Judgment Date
- 26 July 2006
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Domain name transferred to complainant
- Legal Topics
- Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration, Fair Use, Criticism Sites
Case Brief
Summary, issues, holding and outcome
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Parties
Ryanair Limited
Complainant
Michael Coulston
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration in the hands of the respondent
Ratio Decidendi
The domain name ryanair.org.uk is identical to the complainant's mark, and its use by the respondent caused confusion and unfair disruption to the complainant's business, including by publication of internal email addresses. The registration and use took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting an abusive registration under the Policy.
Court Disposition
Domain name transferred to complainant
Orders
- Transfer of ryanair.org.uk to Ryanair Limited
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