Savvis UK Ltd v Terranson [2004] DRS 1810 (23 July 2004)

Savvis UK Ltd v Terranson [2004] DRS 1810 (23 July 2004)

The respondent's use of a domain name identical to the complainant's trademark for a criticism site, despite a prominent disclaimer, constitutes an abusive registration as it takes unfair advantage of and is unfairly detrimental to the complainant's rights.

Citation
[2004] DRS 1810
Parties
Complainant: Savvis UK Limited; Respondent: Mr Alif Terranson
Jurisdiction
United Kingdom
Judgment Date
23 July 2004
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name, Trademark Rights, Abusive Registration, Fair Use, Criticism Sites
Intellectual Property Internet Law Domain Name Trademark Rights Abusive Registration Fair Use Criticism Sites

Case Brief

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Parties

Savvis UK Limited

Complainant

Mr Alif Terranson

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Savvis' identical to the domain name
  2. 2 Whether the respondent's registration and use of the domain name constitutes an abusive registration

Ratio Decidendi

The respondent's use of a domain name identical to the complainant's trademark for a criticism site, despite a prominent disclaimer, constitutes an abusive registration as it takes unfair advantage of and is unfairly detrimental to the complainant's rights.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of 'savvis.co.uk' to Savvis UK Limited