Financial Times Ltd v Reed [2007] DRS 4214 (1 February 2007)

Financial Times Ltd v Reed [2007] DRS 4214 (1 February 2007)

The complainant has rights in the mark 'FT' and uses 'FT Alphaville' in connection with its services. The respondent registered the domain name after the complainant's launch and publicity, provided no plausible explanation for the registration, and activated a 'For Sale' option, indicating intent to make commercial gain. On the balance of probabilities, the registration was abusive.

Citation
[2007] DRS 4214
Parties
Complainant: The Financial Times Limited; Respondent: Mr Kevin Reed
Jurisdiction
United Kingdom
Judgment Date
01 February 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name 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

The Financial Times Limited

Complainant

Mr Kevin Reed

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 'FT' and uses 'FT Alphaville' in connection with its services. The respondent registered the domain name after the complainant's launch and publicity, provided no plausible explanation for the registration, and activated a 'For Sale' option, indicating intent to make commercial gain. On the balance of probabilities, the registration was abusive.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name ftalphaville.co.uk is to be transferred to The Financial Times Limited.