Caudwell Group (20:20) Logistics -v- Morgan Web Services [2004] DRS 1392 (10 January 2004)
The complainant established rights in the 'caudwell' mark, and the respondent registered the domain name primarily for resale without justification or explanation, satisfying the criteria for abusive registration under the Policy.
- Citation
- [2004] DRS 1392
- Parties
- Complainant: Caudwell Group (20:20 Logistics); Respondent: Morgan Web Services
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 January 2004
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Domain name transfer ordered
- Legal Topics
- Domain Name Disputes, Trademark Rights, Abusive Registration, Cybersquatting
Case Brief
Summary, issues, holding and outcome
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Parties
Caudwell Group (20:20 Logistics)
Complainant
Morgan Web Services
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 in the hands of the respondent is an abusive registration
Ratio Decidendi
The complainant established rights in the 'caudwell' mark, and the respondent registered the domain name primarily for resale without justification or explanation, satisfying the criteria for abusive registration under the Policy.
Court Disposition
Domain name transfer ordered
Orders
- The domain name caudwell.co.uk is to be transferred to the complainant.
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