Newsquest London Ltd -v- Raymond [2002] DRS 00159 (15 January 2002)

Newsquest London Ltd -v- Raymond [2002] DRS 00159 (15 January 2002)

The complainant has rights in the unregistered trade mark THE HENDON TIMES, which is identical or substantially identical to the domain names. The respondent registered and used the domain names to take unfair advantage of the complainant's rights, including attempting to sell the domain names to the complainant and disrupting the complainant's business. The domain names are abusive registrations under the Policy.

Citation
[2002] DRS 00159
Parties
Complainant: Newsquest London Limited; Respondent: Mr Ephi Raymond
Jurisdiction
United Kingdom
Judgment Date
15 January 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Newsquest London Limited

Complainant

Mr Ephi Raymond

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain names
  2. 2 Whether the domain names, in the hands of the respondent, are abusive registrations

Ratio Decidendi

The complainant has rights in the unregistered trade mark THE HENDON TIMES, which is identical or substantially identical to the domain names. The respondent registered and used the domain names to take unfair advantage of the complainant's rights, including attempting to sell the domain names to the complainant and disrupting the complainant's business. The domain names are abusive registrations under the Policy.

Court Disposition

Complaint upheld

Orders

  • The domain names hendontimes.co.uk and thehendontimes.co.uk are to be transferred to the complainant.