Seeney v Smith [2008] DRS 6253 (18 November 2008)

Seeney v Smith [2008] DRS 6253 (18 November 2008)

The complainant demonstrated rights in a name or mark identical or similar to the domain name and established that the registration was abusive, satisfying the requirements for transfer under the Policy.

Citation
[2008] DRS 6253
Parties
Complainant: Justin Seeney; Respondent: Mr Crans Smith
Jurisdiction
United Kingdom
Judgment Date
18 November 2008
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
domain name transferred to complainant
Legal Topics
Domain Name Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Justin Seeney

Complainant

Mr Crans Smith

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

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 constitutes an abusive registration

Ratio Decidendi

The complainant demonstrated rights in a name or mark identical or similar to the domain name and established that the registration was abusive, satisfying the requirements for transfer under the Policy.

Court Disposition

domain name transferred to complainant

Orders

  • The domain name movieshares.co.uk is to be transferred to the complainant.