Farming Online Ltd -v- Pipemedia Ltd [2004] DRS 1498 (26 March 2004)

Farming Online Ltd -v- Pipemedia Ltd [2004] DRS 1498 (26 March 2004)

The respondent registered the domain name immediately after losing hosting of the complainant's domain, used the complainant's customer database without consent to market its own services, and failed to clarify the lack of connection between the domains, amounting to abusive registration intended to disrupt the complainant's business.

Citation
[2004] DRS 1498
Parties
Complainant: Farming Online Limited; Respondent: Pipemedia Limited
Jurisdiction
United Kingdom
Judgment Date
26 March 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Abusive Registration, Passing Off, Data Protection
Intellectual Property Information Technology Law Domain Name Disputes Abusive Registration Passing Off Data Protection

Case Brief

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Parties

Farming Online Limited

Complainant

Pipemedia Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the disputed domain name
  2. 2 Whether the domain name, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The respondent registered the domain name immediately after losing hosting of the complainant's domain, used the complainant's customer database without consent to market its own services, and failed to clarify the lack of connection between the domains, amounting to abusive registration intended to disrupt the complainant's business.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name farming.me.uk to Farming Online Limited