Checkodds Ltd v Oddschecker (Jersey) Ltd [2007] DRS 4359 (5 April 2007)

Checkodds Ltd v Oddschecker (Jersey) Ltd [2007] DRS 4359 (5 April 2007)

The complainant established rights in the name or mark CHECKODDS, but these rights arose after the respondent's registration and use of the domain name. The respondent's registration and use were in good faith, as a generic and descriptive term, and predated any rights of the complainant. There is no evidence of abusive registration or use under the DRS Policy.

Citation
[2007] DRS 4359
Parties
Complainant: Checkodds Ltd.; Respondent: Oddschecker (Jersey) Ltd.
Jurisdiction
United Kingdom
Judgment Date
05 April 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint denied
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trade Mark Rights Abusive Registration Passing Off

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Parties

Checkodds Ltd.

Complainant

Oddschecker (Jersey) Ltd.

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the name or mark CHECKODDS, but these rights arose after the respondent's registration and use of the domain name. The respondent's registration and use were in good faith, as a generic and descriptive term, and predated any rights of the complainant. There is no evidence of abusive registration or use under the DRS Policy.

Court Disposition

Complaint denied