Quest Search & Selection Ltd v Edmonds [2005] DRS 2989 (16 November 2005)

Quest Search & Selection Ltd v Edmonds [2005] DRS 2989 (16 November 2005)

The complainant established rights in the name 'retailmoves' through longstanding use and reputation. The respondent's use of the domain name to redirect to a competing business was likely to confuse and was therefore abusive. The domain name was ordered to be transferred to the complainant.

Citation
[2005] DRS 2989
Parties
Complainant: Quest Search & Selection Ltd; Respondent: Mr J S Edmonds
Jurisdiction
United Kingdom
Judgment Date
16 November 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Quest Search & Selection Ltd

Complainant

Mr J S Edmonds

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the name 'retailmoves' through longstanding use and reputation. The respondent's use of the domain name to redirect to a competing business was likely to confuse and was therefore abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name retailmoves.co.uk is to be transferred to Quest Search & Selection Ltd.