Powell v Turner [2005] DRS 02127 (18 January 2005)

Powell v Turner [2005] DRS 02127 (18 January 2005)

Complainant has rights in the domain name under the Policy, but has not established that the registration or use by the respondent is abusive. Evidence of confusion is limited and respondent's connection to the mark is legitimate as a founding member. The operation of the website does not amount to an abusive registration under the Policy.

Citation
[2005] DRS 02127
Parties
Complainant: Mr Andrew Powell; Respondent: Mr Martin Turner
Jurisdiction
United Kingdom
Judgment Date
18 January 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Trade Mark Rights, Passing Off, Goodwill in Band Names
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Passing Off Goodwill in Band Names

Case Brief

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Parties

Mr Andrew Powell

Complainant

Mr Martin Turner

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the domain name wishboneash.co.uk
  2. 2 Whether the registration and use of the domain name by the respondent constitutes an abusive registration under Nominet's Policy

Ratio Decidendi

Complainant has rights in the domain name under the Policy, but has not established that the registration or use by the respondent is abusive. Evidence of confusion is limited and respondent's connection to the mark is legitimate as a founding member. The operation of the website does not amount to an abusive registration under the Policy.

Court Disposition

Complaint dismissed