Cyclone Courier Company Ltd v Clark [2004] DRS 1629 (10 May 2004)

Cyclone Courier Company Ltd v Clark [2004] DRS 1629 (10 May 2004)

Complainant proved rights in the name 'Cyclone' but failed to prove that the domain name was registered or used in an abusive manner as defined by the DRS Policy; respondent's registration and use constituted fair use and was not primarily for sale to complainant or its competitors.

Citation
[2004] DRS 1629
Parties
Complainant: Cyclone Courier Company Ltd; Respondent: Mr Seb Clark
Jurisdiction
United Kingdom
Judgment Date
10 May 2004
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint rejected
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

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Parties

Cyclone Courier Company Ltd

Complainant

Mr Seb Clark

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Cyclone' identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

Complainant proved rights in the name 'Cyclone' but failed to prove that the domain name was registered or used in an abusive manner as defined by the DRS Policy; respondent's registration and use constituted fair use and was not primarily for sale to complainant or its competitors.

Court Disposition

Complaint rejected