Pims Pumps Ltd v Polytek [2002] DRS 928 (6 June 2002)

Pims Pumps Ltd v Polytek [2002] DRS 928 (6 June 2002)

The complainant has established rights in the name Pims Pumps, which is identical to the domain name. The respondent's registration and use of the domain name was found to take unfair advantage of the complainant's rights and disrupt its business, constituting abusive registration.

Citation
[2002] DRS 928
Parties
Complainant: Pims Pumps Limited; Respondent: Polytek
Jurisdiction
United Kingdom
Judgment Date
06 June 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Pims Pumps Limited

Complainant

Polytek

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant has established rights in the name Pims Pumps, which is identical to the domain name. The respondent's registration and use of the domain name was found to take unfair advantage of the complainant's rights and disrupt its business, constituting abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name pimspumps.co.uk is to be transferred to Pims Pumps Limited