Road Runner Motor Trade Ltd v Ostashko [2007] DRS 4620 (7 July 2007)

Road Runner Motor Trade Ltd v Ostashko [2007] DRS 4620 (7 July 2007)

The complainant established rights in the ROAD RUNNER mark predating the domain registration. The domain name was identical to the mark. The respondent's use of the domain to display motor insurance links constituted taking unfair advantage of the complainant's rights and was more than mere generic use. The respondent's pattern of registering domain names corresponding to third-party trademarks further supported a finding of abusive registration.

Citation
[2007] DRS 4620
Parties
Complainant: Road Runner Motor Trade Limited; Respondent: Mr. D Ostashko
Jurisdiction
United Kingdom
Judgment Date
07 July 2007
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Decision
Outcome
Complaint upheld; domain name transfer ordered.
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration Passing Off

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Parties

Road Runner Motor Trade Limited

Complainant

Mr. D Ostashko

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark identical or similar to the disputed domain name
  2. 2 Whether the disputed domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the ROAD RUNNER mark predating the domain registration. The domain name was identical to the mark. The respondent's use of the domain to display motor insurance links constituted taking unfair advantage of the complainant's rights and was more than mere generic use. The respondent's pattern of registering domain names corresponding to third-party trademarks further supported a finding of abusive registration.

Court Disposition

Complaint upheld; domain name transfer ordered.

Orders

  • The domain name is to be transferred to the complainant.