Fidessa Plc v Howard [2007] DRS 4973 (10 October 2007)

Fidessa Plc v Howard [2007] DRS 4973 (10 October 2007)

The complainant has rights in the mark 'Fidessa', the domain name is similar, and the respondent's use of the domain name (copying the complainant's website with altered contact details) is intended to confuse and constitutes abusive registration under the Policy.

Citation
[2007] DRS 4973
Parties
Complainant: Fidessa plc; Respondent: Patrick Howard
Jurisdiction
United Kingdom
Judgment Date
10 October 2007
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trademark Infringement, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Passing Off

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Parties

Fidessa plc

Complainant

Patrick Howard

Respondent

Procedural Posture

Domain Name Dispute / Decision by 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 constitutes an abusive registration

Ratio Decidendi

The complainant has rights in the mark 'Fidessa', the domain name is similar, and the respondent's use of the domain name (copying the complainant's website with altered contact details) is intended to confuse and constitutes abusive registration under the Policy.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name fidessaplc.co.uk is to be transferred to Fidessa plc.