Active Web Solutions -v- Peter Shaw [2002] DRS 228 (26 April 2002)

Active Web Solutions -v- Peter Shaw [2002] DRS 228 (26 April 2002)

Complainant has rights in the name 'Active Web Solutions' based on trading name and incorporation, but failed to establish that the domain name registration was abusive; insufficient evidence of blocking registration or conspiracy.

Citation
[2002] DRS 228
Parties
Complainant: Active Web Solutions; Respondent: Peter Shaw
Jurisdiction
United Kingdom
Judgment Date
26 April 2002
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Name Registration Abusive Registration Passing Off

Case Brief

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Parties

Active Web Solutions

Complainant

Peter Shaw

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Active Web Solutions'
  2. 2 Whether the domain name registration constitutes an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

Complainant has rights in the name 'Active Web Solutions' based on trading name and incorporation, but failed to establish that the domain name registration was abusive; insufficient evidence of blocking registration or conspiracy.

Court Disposition

Complaint dismissed

Orders

  • Request for transfer of domain name refused