Meadway Estates -v- Michael Wright & Co [2002] DRS 262 (10 April 2002)

Meadway Estates -v- Michael Wright & Co [2002] DRS 262 (10 April 2002)

The complainant is generally recognised by the name 'Meadway Estates' and has sufficient rights. The respondent's registration and use of the domain name, which is identical to the complainant's business name and leads to the respondent's contact details, is unfairly detrimental to the complainant and constitutes abusive registration.

Citation
[2002] DRS 262
Parties
Complainant: Meadway Estates; Respondent: Michael Wright & Co
Jurisdiction
United Kingdom
Judgment Date
10 April 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Passing Off

Case Brief

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Parties

Meadway Estates

Complainant

Michael Wright & Co

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 is generally recognised by the name 'Meadway Estates' and has sufficient rights. The respondent's registration and use of the domain name, which is identical to the complainant's business name and leads to the respondent's contact details, is unfairly detrimental to the complainant and constitutes abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain name meadwayestates.co.uk to be transferred to the complainant