Telstra Corporation Ltd -v- Flipjack [2002] DRS 78 (14 January 2002)

Telstra Corporation Ltd -v- Flipjack [2002] DRS 78 (14 January 2002)

The complainant has registered trade mark rights in 'Telstra' which is identical or similar to the domain name. The respondent's intended use for an internet cafe in London would likely mislead persons familiar with the complainant's business into believing an association, thus the registration took unfair advantage...

Source-derived case information.

Citation
[2002] DRS 78
Parties
Complainant: Telstra Corporation Limited; Respondent: Mr Daniel Winkworth, trading as 'flipjack'
Jurisdiction
United Kingdom
Judgment Date
14 January 2002
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration

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Parties

Telstra Corporation Limited

Complainant

Mr Daniel Winkworth, trading as 'flipjack'

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 is an abusive registration under the Nominet UK Policy

Ratio Decidendi

The complainant has registered trade mark rights in 'Telstra' which is identical or similar to the domain name. The respondent's intended use for an internet cafe in London would likely mislead persons familiar with the complainant's business into believing an association, thus the registration took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting an abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name Telstra.org.uk is to be transferred to the complainant.