CC Automotive Group Ltd v Ostashko [2007] DRS 4719 (9 August 2007)

CC Automotive Group Ltd v Ostashko [2007] DRS 4719 (9 August 2007)

The complainant has acquired rights in the mark 'UCAN' through goodwill in the area of car credit and finance services. The domain name is identical to this mark. While initial registration was legitimate under the affiliate program, subsequent use after termination became abusive by diverting or confusing customers, thus constituting an abusive registration.

Citation
[2007] DRS 4719
Parties
Complainant: CC Automotive Group Ltd.; Respondent: Mr Denys Ostashko
Jurisdiction
United Kingdom
Judgment Date
09 August 2007
Procedural Posture
Domain Name Dispute / Expert Decision After Failed Mediation
Outcome
Complaint upheld
Legal Topics
Domain Names, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration

Case Brief

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Parties

CC Automotive Group Ltd.

Complainant

Mr Denys Ostashko

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision After Failed Mediation

Legal Issues

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

Ratio Decidendi

The complainant has acquired rights in the mark 'UCAN' through goodwill in the area of car credit and finance services. The domain name is identical to this mark. While initial registration was legitimate under the affiliate program, subsequent use after termination became abusive by diverting or confusing customers, thus constituting an abusive registration.

Court Disposition

Complaint upheld

Orders

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