Capitol Records Inc -v- CPIC Net [2002] DRS 329 (22 July 2002)

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

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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

  1. 1 Whether the domain name capitolrecords.co.uk is an abusive registration under the Nominet UK Dispute Resolution Service Policy
  2. 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.