Villagefetes v Webster [2008] DRS 5571 (2 June 2008)

Villagefetes v Webster [2008] DRS 5571 (2 June 2008)

Complainant failed to prove Rights in the name VILLAGEFETES as evidence was insufficient to show secondary meaning or goodwill; therefore, the first limb of the test under the Policy was not satisfied and no action is taken.

Citation
[2008] DRS 5571
Parties
Complainant: Villagefetes Limited; Respondent: Owen Webster
Jurisdiction
United Kingdom
Judgment Date
02 June 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Abusive Registration, Trademark Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Trademark Rights

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 9 Party arguments 2
Sign in to unlock

Parties

Villagefetes Limited

Complainant

Owen Webster

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has Rights in the name VILLAGEFETES similar to the Domain Name
  2. 2 Whether the Domain Name in the hands of the Respondent constitutes an Abusive Registration

Ratio Decidendi

Complainant failed to prove Rights in the name VILLAGEFETES as evidence was insufficient to show secondary meaning or goodwill; therefore, the first limb of the test under the Policy was not satisfied and no action is taken.

Court Disposition

Complaint dismissed

Orders

  • No action is taken in respect of the Domain Name villagefete.co.uk