Tesco Personal Finance Ltd v Nevett [2006] DRS 3962 (18 October 2006)

Tesco Personal Finance Ltd v Nevett [2006] DRS 3962 (18 October 2006)

The complainant has rights in the mark 'TESCO', which is the dominant element of the disputed domain name. The respondent registered and used the domain name in a manner likely to confuse users and disrupt the complainant's business, with no legitimate reason provided. The domain name constitutes an abusive registration and should be transferred to the complainant.

Citation
[2006] DRS 3962
Parties
Complainant: Tesco Personal Finance Ltd; Respondent: Mr Gethin Nevett
Jurisdiction
United Kingdom
Judgment Date
18 October 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

Tesco Personal Finance Ltd

Complainant

Mr Gethin Nevett

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has rights in the mark 'TESCO', which is the dominant element of the disputed domain name. The respondent registered and used the domain name in a manner likely to confuse users and disrupt the complainant's business, with no legitimate reason provided. The domain name constitutes an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name tescoestateagents.co.uk is to be transferred to Tesco Personal Finance Ltd