Yacht Shipping Ltd v Peters And May Ltd [2005] DRS 02159 (24 January 2005)

Yacht Shipping Ltd v Peters And May Ltd [2005] DRS 02159 (24 January 2005)

The complainant failed to prove rights in the name or mark similar to the domain names because 'yacht shipping' is wholly descriptive of its business, and the Policy precludes reliance on such descriptive terms. As the first element was not satisfied, the complaint failed.

Citation
[2005] DRS 02159
Parties
Complainant: Yacht Shipping Limited; Respondent: Peters & May Limited
Jurisdiction
United Kingdom
Judgment Date
24 January 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Descriptive Terms, Passing Off, Abusive Registration, Rights in Domain Names
Intellectual Property Domain Name Law Descriptive Terms Passing Off Abusive Registration Rights in Domain Names

Case Brief

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Parties

Yacht Shipping Limited

Complainant

Peters & May Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain names under the Nominet DRS Policy
  2. 2 Whether the domain names in the hands of the respondent constitute an abusive registration

Ratio Decidendi

The complainant failed to prove rights in the name or mark similar to the domain names because 'yacht shipping' is wholly descriptive of its business, and the Policy precludes reliance on such descriptive terms. As the first element was not satisfied, the complaint failed.

Court Disposition

Complaint dismissed