University of London -v- Toth [2004] DRS 1740 (23 August 2004)

University of London -v- Toth [2004] DRS 1740 (23 August 2004)

The complainant has rights in the name 'UNIVERSITY OF LONDON', which is identical to the domain name. The respondent registered the domain name with the complainant in mind and used it to direct traffic to a commercial site, taking unfair advantage of the complainant's rights. The respondent's intended future use is not supported by evidence of demonstrable preparations. The present use is not legitimate non-commercial or fair use. Therefore, the domain name is an abusive registration in the hands of the respondent.

Citation
[2004] DRS 1740
Parties
Complainant: University of London; Respondent: Michael Toth
Jurisdiction
United Kingdom
Judgment Date
23 August 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Law Information Technology Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

University of London

Complainant

Michael Toth

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

The complainant has rights in the name 'UNIVERSITY OF LONDON', which is identical to the domain name. The respondent registered the domain name with the complainant in mind and used it to direct traffic to a commercial site, taking unfair advantage of the complainant's rights. The respondent's intended future use is not supported by evidence of demonstrable preparations. The present use is not legitimate non-commercial or fair use. Therefore, the domain name is an abusive registration in the hands of the respondent.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name universityoflondon.co.uk is to be transferred to the complainant.