Capitol Records Inc -v- CPIC Net [2002] DRS 329 (22 July 2002)
The respondent registered the domain name capitolrecords.co.uk immediately after a press release announcing the complainant's rebranding, failed to develop a website, offered to sell the domain for a sum far exceeding out-of-pocket costs, and has a pattern of similar registrations. These facts establish that the registration was abusive and primarily for profit, justifying transfer to the complainant.
- Citation
- [2002] DRS 329
- Parties
- Complainant: Capitol Records Inc.; Respondent: Mr Syed Hussain (CPIC Net)
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 July 2002
- Procedural Posture
- Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service
- Outcome
- Domain name transfer ordered
- Legal Topics
- Domain Name Disputes, Trademark Infringement, Abusive Registration
Case Brief
Summary, issues, holding and outcome
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Parties
Capitol Records Inc.
Complainant
Mr Syed Hussain (CPIC Net)
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service
Legal Issues
- 1 Whether the domain name capitolrecords.co.uk is an abusive registration under the Nominet UK Dispute Resolution Service Policy
- 2 Whether the respondent registered the domain name primarily for the purpose of selling it to the complainant for valuable consideration in excess of out-of-pocket costs
Ratio Decidendi
The respondent registered the domain name capitolrecords.co.uk immediately after a press release announcing the complainant's rebranding, failed to develop a website, offered to sell the domain for a sum far exceeding out-of-pocket costs, and has a pattern of similar registrations. These facts establish that the registration was abusive and primarily for profit, justifying transfer to the complainant.
Court Disposition
Domain name transfer ordered
Orders
- The domain name capitolrecords.co.uk is to be transferred to the complainant.
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