esure Insurance Ltd v Taylor [2004] DRS 01998 (27 October 2004)

esure Insurance Ltd v Taylor [2004] DRS 01998 (27 October 2004)

The respondent registered and used a domain name very similar to the complainant's established trademark and brand, offering identical services, thereby taking unfair advantage of the complainant's rights and goodwill. This constitutes abusive registration under the Policy.

Source-derived case information.

Citation
[2004] DRS 01998
Parties
Complainant: esure Insurance Limited; Respondent: Mr Simon Taylor
Jurisdiction
United Kingdom
Judgment Date
27 October 2004
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Trademark Infringement, Domain Name Dispute, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Dispute Abusive Registration

Source-derived case record

Summary, issues, holding and outcome

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Parties

esure Insurance Limited

Complainant

Mr Simon Taylor

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The respondent registered and used a domain name very similar to the complainant's established trademark and brand, offering identical services, thereby taking unfair advantage of the complainant's rights and goodwill. This constitutes abusive registration under the Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of www.esured.co.uk to esure Insurance Limited