APC Overnight Ltd -v- M+J Couriers [2002] DRS 192 (25 February 2002)

APC Overnight Ltd -v- M+J Couriers [2002] DRS 192 (25 February 2002)

The complainant failed to provide a signed declaration as required by the procedure, resulting in no admissible evidence to support its claim of rights or abusive registration. Without evidence, the complainant did not discharge its burden of proof.

Citation
[2002] DRS 192
Parties
Complainant: APC Overnight Limited; Respondent: M+J Couriers
Jurisdiction
United Kingdom
Judgment Date
25 February 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

APC Overnight Limited

Complainant

M+J Couriers

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 disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant failed to provide a signed declaration as required by the procedure, resulting in no admissible evidence to support its claim of rights or abusive registration. Without evidence, the complainant did not discharge its burden of proof.

Court Disposition

Complaint dismissed