Associated Newspapers Ltd v Webster [2008] DRS 5752 (16 July 2008)

Associated Newspapers Ltd v Webster [2008] DRS 5752 (16 July 2008)

The complainant established rights in the 'Scottish Daily Mail' mark, and the domain name was found to be identical or similar. The respondent's use of the domain took unfair advantage of the complainant's rights by diverting business and creating confusion. The respondent's pattern of previous abusive registrations and failure to rebut the presumption confirmed the finding of abusive registration.

Citation
[2008] DRS 5752
Parties
Complainant: Associated Newspapers Limited; Respondent: Owen Webster
Jurisdiction
United Kingdom
Judgment Date
16 July 2008
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint upheld; domain transferred
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

Associated Newspapers Limited

Complainant

Owen Webster

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark identical or similar to the disputed 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 'Scottish Daily Mail' mark, and the domain name was found to be identical or similar. The respondent's use of the domain took unfair advantage of the complainant's rights by diverting business and creating confusion. The respondent's pattern of previous abusive registrations and failure to rebut the presumption confirmed the finding of abusive registration.

Court Disposition

Complaint upheld; domain transferred

Orders

  • The domain name scottishdailymail.co.uk is to be transferred to the complainant.