Electric Motors Ltd v Vamplew [2005] DRS 2630 (15 September 2005)

Electric Motors Ltd v Vamplew [2005] DRS 2630 (15 September 2005)

The term 'Electric Motors' is wholly descriptive of the complainant's business and has not acquired distinctiveness or goodwill. The complainant has not established rights in the term under the DRS Policy. The respondent registered the domain name before the complainant existed, and there is no evidence of abusive registration.

Citation
[2005] DRS 2630
Parties
Complainant: Electric Motors Limited; Respondent: Phillip Vamplew
Jurisdiction
United Kingdom
Judgment Date
15 September 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint dismissed
Legal Topics
Descriptive Terms and Rights, Abusive Registration, Goodwill and Distinctiveness
Intellectual Property Domain Name Law Descriptive Terms and Rights Abusive Registration Goodwill and Distinctiveness

Case Brief

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Parties

Electric Motors Limited

Complainant

Phillip Vamplew

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the term 'Electric Motors' under the DRS Policy
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The term 'Electric Motors' is wholly descriptive of the complainant's business and has not acquired distinctiveness or goodwill. The complainant has not established rights in the term under the DRS Policy. The respondent registered the domain name before the complainant existed, and there is no evidence of abusive registration.

Court Disposition

Complaint dismissed

Orders

  • No action should be taken in respect of the domain name electricmotors.co.uk.