RTA ( Business Consultants ) Ltd (trading as RTA) v DMBCS [2010] DRS 8580 (20 July 2010)

RTA ( Business Consultants ) Ltd (trading as RTA) v DMBCS [2010] DRS 8580 (20 July 2010)

The domain name is similar but not identical to the complainant's mark; the modifier 'complaints' does not make it obvious the site is a protest site nor does it induce belief it is operated by RTA. No evidence of confusion or unfair disruption was provided. The respondent made legitimate fair use for criticism before being aware of the complaint.

Citation
[2010] DRS 8580
Parties
Lead Complainant: RTA (Business Consultants) Ltd; Complainant: Mr Paul O'Reilly; Respondent: Ms Dawn Burdett
Jurisdiction
United Kingdom
Judgment Date
20 July 2010
Procedural Posture
Domain Name Dispute / Final Determination
Outcome
complaint dismissed
Legal Topics
Domain Name Disputes, Trademark Rights, Fair Use, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Fair Use Abusive Registration

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Parties

RTA (Business Consultants) Ltd

Lead Complainant

Mr Paul O'Reilly

Complainant

Ms Dawn Burdett

Respondent

Procedural Posture

Domain Name Dispute / Final Determination

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 constitutes an abusive registration

Ratio Decidendi

The domain name is similar but not identical to the complainant's mark; the modifier 'complaints' does not make it obvious the site is a protest site nor does it induce belief it is operated by RTA. No evidence of confusion or unfair disruption was provided. The respondent made legitimate fair use for criticism before being aware of the complaint.

Court Disposition

complaint dismissed