Camelot Group Plc -v- Ross [2002] DRS 368 (4 July 2002)

Camelot Group Plc -v- Ross [2002] DRS 368 (4 July 2002)

Complainant established rights in 'CAMELOT' and similarity to 'camelotto.co.uk', but failed to prove on the balance of probabilities that the domain name was registered or used in an abusive manner as defined by the Policy; no evidence of unfair disruption, confusion, or bad faith sufficient to meet the threshold.

Citation
[2002] DRS 368
Parties
Complainant: Camelot Group Plc; Respondent: Mr Euilleam Ross
Jurisdiction
United Kingdom
Judgment Date
04 July 2002
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint rejected
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Freedom of Expression
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration Freedom of Expression

Case Brief

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Parties

Camelot Group Plc

Complainant

Mr Euilleam Ross

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination

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 in the hands of the respondent

Ratio Decidendi

Complainant established rights in 'CAMELOT' and similarity to 'camelotto.co.uk', but failed to prove on the balance of probabilities that the domain name was registered or used in an abusive manner as defined by the Policy; no evidence of unfair disruption, confusion, or bad faith sufficient to meet the threshold.

Court Disposition

Complaint rejected