Chess Properties Limited (trading as Chess Properties) v Ronnie Clarke [2010] DRS 8598 (30 July 2010)

Chess Properties Limited (trading as Chess Properties) v Ronnie Clarke [2010] DRS 8598 (30 July 2010)

The Complainant has established unregistered rights in the trading name 'Chess Properties' which is identical or similar to the disputed domain name. The Respondent's registration and use of the domain name to redirect to a competing business was unfairly detrimental to the Complainant's rights and constitutes an...

Source-derived case information.

Citation
[2010] DRS 8598
Parties
Complainant: Chess Properties Limited; Respondent: Mr Ronnie Clarke
Jurisdiction
United Kingdom
Judgment Date
30 July 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration, Unregistered Trademark Rights
Intellectual Property Contract Law Domain Name Disputes Passing Off Abusive Registration Unregistered Trademark Rights

Source-derived case record

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
Sign in to unlock

Parties

Chess Properties Limited

Complainant

Mr Ronnie Clarke

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 Respondent's registration and use of the domain name constitutes an abusive registration under the DRS Policy

Ratio Decidendi

The Complainant has established unregistered rights in the trading name 'Chess Properties' which is identical or similar to the disputed domain name. The Respondent's registration and use of the domain name to redirect to a competing business was unfairly detrimental to the Complainant's rights and constitutes an abusive registration under the DRS Policy.

Court Disposition

Domain name transferred to Complainant

Orders

  • The domain name chess-properties.co.uk is to be transferred to the Complainant.