Power to Light Ltd -v- Pestel [2003] DRS 1052 (19 August 2003)

Power to Light Ltd -v- Pestel [2003] DRS 1052 (19 August 2003)

The complainant has rights in the name Power to Light by virtue of its company registration, and the respondent's registration of the domain name, in the absence of any rebuttal, is found to be an abusive registration intended to block the complainant.

Citation
[2003] DRS 1052
Parties
Complainant: Power to Light Limited; Respondent: Mr Charles Pestel
Jurisdiction
United Kingdom
Judgment Date
19 August 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint allowed; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Company Name Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Company Name Rights Abusive Registration

Case Brief

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Parties

Power to Light Limited

Complainant

Mr Charles Pestel

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant has rights in the name Power to Light by virtue of its company registration, and the respondent's registration of the domain name, in the absence of any rebuttal, is found to be an abusive registration intended to block the complainant.

Court Disposition

Complaint allowed; domain name to be transferred to complainant.

Orders

  • The domain name powertolight.co.uk is to be transferred to Power to Light Limited.