Computer -v- Cooper [2003] DRS 1154 (16 October 2003)

Computer -v- Cooper [2003] DRS 1154 (16 October 2003)

The complainant established rights in a name identical or similar to the domain name, but failed to prove that the domain name, in the hands of the respondent, was an abusive registration as defined by the Policy. The dispute is fundamentally contractual and not suitable for resolution under the Policy.

Citation
[2003] DRS 1154
Parties
Complainant: Mr Computer (Alan Jones); Respondent: Mr A Cooper (Common Sense Computers)
Jurisdiction
United Kingdom
Judgment Date
16 October 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
complaint dismissed
Legal Topics
Domain Name Disputes, Abusive Registration, Contractual Rights, Goodwill
Intellectual Property Contract Law Domain Name Disputes Abusive Registration Contractual Rights Goodwill

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Parties

Mr Computer (Alan Jones)

Complainant

Mr A Cooper (Common Sense Computers)

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 under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant established rights in a name identical or similar to the domain name, but failed to prove that the domain name, in the hands of the respondent, was an abusive registration as defined by the Policy. The dispute is fundamentally contractual and not suitable for resolution under the Policy.

Court Disposition

complaint dismissed

Orders

  • The complainant's request to transfer the domain name is refused.