Emirates v Toth [2010] DRS 8634 (24 September 2010)

Emirates v Toth [2010] DRS 8634 (24 September 2010)

The complainant failed to establish, on the balance of probabilities, that the respondent registered or used the domain name in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights. The term 'emirates' is a generic or descriptive word for the United Arab Emirates and was registered as part of a pattern of country/place names. There was insufficient evidence of intent to target the complainant or of active exploitation. The respondent's use as a resource guide was bona fide and not abusive under the DRS Policy.

Citation
[2010] DRS 8634
Parties
Complainant: Emirates; Respondent: Michael Toth
Jurisdiction
United Kingdom
Judgment Date
24 September 2010
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint denied
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration Passing Off

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Parties

Emirates

Complainant

Michael Toth

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 failed to establish, on the balance of probabilities, that the respondent registered or used the domain name in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights. The term 'emirates' is a generic or descriptive word for the United Arab Emirates and was registered as part of a pattern of country/place names. There was insufficient evidence of intent to target the complainant or of active exploitation. The respondent's use as a resource guide was bona fide and not abusive under the DRS Policy.

Court Disposition

Complaint denied