Goldmoney Network Ltd v Cosgrove [2010] DRS 8581 (24 September 2010)

Goldmoney Network Ltd v Cosgrove [2010] DRS 8581 (24 September 2010)

The complainant has rights in the mark GOLDMONEY, which is identical to the domain name. The respondent's use of the domain name creates a likelihood of initial interest confusion and takes unfair advantage of the complainant's goodwill for commercial gain, particularly by directing users to a competitor in which the respondent has a financial interest. The respondent's explanations do not establish fair use or independent adoption of the domain name. The domain name is an abusive registration under the Nominet DRS Policy.

Citation
[2010] DRS 8581
Parties
Complainant: Goldmoney Network Limited; Respondent: Mr Peter Cosgrove
Jurisdiction
United Kingdom
Judgment Date
24 September 2010
Procedural Posture
Domain Name Dispute (nominet UK Drs) / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Passing Off, Initial Interest Confusion
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration Passing Off Initial Interest Confusion

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Parties

Goldmoney Network Limited

Complainant

Mr Peter Cosgrove

Respondent

Procedural Posture

Domain Name Dispute (nominet UK Drs) / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant has rights in the mark GOLDMONEY, which is identical to the domain name. The respondent's use of the domain name creates a likelihood of initial interest confusion and takes unfair advantage of the complainant's goodwill for commercial gain, particularly by directing users to a competitor in which the respondent has a financial interest. The respondent's explanations do not establish fair use or independent adoption of the domain name. The domain name is an abusive registration under the Nominet DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name goldmoney.co.uk is to be transferred to the complainant.