National Counties Building Society v Webster [2006] DRS 3811 (21 August 2006)

National Counties Building Society v Webster [2006] DRS 3811 (21 August 2006)

The complainant established rights in the name 'National Counties Building Society' predating the domain registration. The respondent registered and used the domain name, identical to the complainant's name, to redirect users to competing financial services for commercial gain, taking unfair advantage of the complainant's rights and constituting abusive registration.

Citation
[2006] DRS 3811
Parties
Complainant: National Counties Building Society; Respondent: Owen Webster
Jurisdiction
United Kingdom
Judgment Date
21 August 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Passing Off, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Trademark Rights Abusive Registration

Case Brief

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Parties

National Counties Building Society

Complainant

Owen Webster

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name 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 'National Counties Building Society' predating the domain registration. The respondent registered and used the domain name, identical to the complainant's name, to redirect users to competing financial services for commercial gain, taking unfair advantage of the complainant's rights and constituting abusive registration.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The disputed domain name is to be transferred to the complainant.