Evans Textile (Sales) Ltd v King [2006] DRS 370 (13 July 2006)

Evans Textile (Sales) Ltd v King [2006] DRS 370 (13 July 2006)

Although the complainant has rights in names identical or similar to the domain name, the respondent's use is non-commercial, clearly critical, and not misleading as to authorization. The registration is not abusive under the Policy as it constitutes fair use for criticism.

Citation
[2006] DRS 370
Parties
Complainant: Evans Textile (Sales) Ltd; Respondent: Myles King
Jurisdiction
United Kingdom
Judgment Date
13 July 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Passing Off, Trade Marks, Freedom of Expression
Intellectual Property Internet Law Domain Name Disputes Passing Off Trade Marks Freedom of Expression

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Parties

Evans Textile (Sales) Ltd

Complainant

Myles King

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet DRS Policy

Ratio Decidendi

Although the complainant has rights in names identical or similar to the domain name, the respondent's use is non-commercial, clearly critical, and not misleading as to authorization. The registration is not abusive under the Policy as it constitutes fair use for criticism.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in relation to the domain name