Newbury Building Society v Webster [2006] DRS 3967 (31 October 2006)

Newbury Building Society v Webster [2006] DRS 3967 (31 October 2006)

The complainant has established rights in the name 'Newbury Building Society' under the law of passing off, and the respondent's registration and use of the domain name constitutes abusive registration by taking unfair advantage of the complainant's reputation and causing confusion.

Citation
[2006] DRS 3967
Parties
Complainant: Newbury Building Society; Respondent: Owen Webster
Jurisdiction
United Kingdom
Judgment Date
31 October 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Newbury Building Society

Complainant

Owen Webster

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 in the hands of the respondent

Ratio Decidendi

The complainant has established rights in the name 'Newbury Building Society' under the law of passing off, and the respondent's registration and use of the domain name constitutes abusive registration by taking unfair advantage of the complainant's reputation and causing confusion.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to Newbury Building Society