Yorkshire Deanery v Papete.com [2005] DRS 02725 (22 August 2005)

Yorkshire Deanery v Papete.com [2005] DRS 02725 (22 August 2005)

The complainant has established rights in the name 'Yorkshire Deanery' and the domain name was registered and used by the respondent in a manner that constitutes abusive registration, primarily for resale and causing confusion, in violation of the Nominet DRS Policy.

Citation
[2005] DRS 02725
Parties
Complainant: The Yorkshire Deanery; Respondent: Papete.com
Jurisdiction
United Kingdom
Judgment Date
22 August 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Passing Off Abusive Registration

Case Brief

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Parties

The Yorkshire Deanery

Complainant

Papete.com

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Yorkshire Deanery' 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 'Yorkshire Deanery' and the domain name was registered and used by the respondent in a manner that constitutes abusive registration, primarily for resale and causing confusion, in violation of the Nominet DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name 'yorkshiredeanery.co.uk' shall be transferred to the complainant.