Flowers Direct Online Ltd -v- Calvert [2003] DRS 610 (20 January 2003)

Flowers Direct Online Ltd -v- Calvert [2003] DRS 610 (20 January 2003)

Complainant has rights in a name similar to the Domain Name but failed to prove that the Domain Name in the hands of the Respondent is an abusive registration; Respondent demonstrated genuine use and was commonly known by the name.

Citation
[2003] DRS 610
Parties
Complainant: Flowers Direct Online Ltd; Respondent: Peter Calvert
Jurisdiction
United Kingdom
Judgment Date
20 January 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint denied
Legal Topics
Domain Name Registration, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Name Registration Abusive Registration Passing Off

Case Brief

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Parties

Flowers Direct Online Ltd

Complainant

Peter Calvert

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the Complainant has rights in a name identical or similar to the Domain Name
  2. 2 Whether the Domain Name in the hands of the Respondent constitutes an abusive registration

Ratio Decidendi

Complainant has rights in a name similar to the Domain Name but failed to prove that the Domain Name in the hands of the Respondent is an abusive registration; Respondent demonstrated genuine use and was commonly known by the name.

Court Disposition

Complaint denied

Orders

  • Requested suspension of Domain Name denied