Sourcesense Limited v Mr Samuel Neil Allcock [2010] DRS 8421 (05 July 2010)

Sourcesense Limited v Mr Samuel Neil Allcock [2010] DRS 8421 (05 July 2010)

The complainant has established rights in the name 'Sourcesense' but has not proved on the balance of probabilities that the respondent was aware of the complainant at the time of registration or registered the domain name with intent to sell at a profit, block, or disrupt the complainant's business. The respondent's conduct after notification does not constitute abusive registration as there was no threat to use the domain in a manner likely to confuse or take unfair advantage.

Citation
[2010] DRS 8421
Parties
Complainant: Sourcesense Limited; Respondent: Mr Samuel Neil Allcock
Jurisdiction
United Kingdom
Judgment Date
05 July 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Abusive Registration, Rights in Names, Passing Off
Intellectual Property IT Law Domain Name Registration Abusive Registration Rights in Names Passing Off

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Parties

Sourcesense Limited

Complainant

Mr Samuel Neil Allcock

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Sourcesense'
  2. 2 Whether the domain name sourcesense.co.uk is an abusive registration

Ratio Decidendi

The complainant has established rights in the name 'Sourcesense' but has not proved on the balance of probabilities that the respondent was aware of the complainant at the time of registration or registered the domain name with intent to sell at a profit, block, or disrupt the complainant's business. The respondent's conduct after notification does not constitute abusive registration as there was no threat to use the domain in a manner likely to confuse or take unfair advantage.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in relation to the domain name sourcesense.co.uk