Apollo Electronics Group Ltd v Pritesh Patel/CMC Trading Ltd [2005] DRS 2752 (21 September 2005)

Apollo Electronics Group Ltd v Pritesh Patel/CMC Trading Ltd [2005] DRS 2752 (21 September 2005)

The complainant has rights in the NEXT BASE mark, and the respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to those rights, constituting an abusive registration under the Nominet DRS Policy.

Source-derived case information.

Citation
[2005] DRS 2752
Parties
Complainant: Apollo Electronics Group Limited; Respondent: Pritesh Patel/CMC Trading Ltd
Jurisdiction
United Kingdom
Judgment Date
21 September 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Trade Mark Rights, Domain Name Registration, Abusive Registration, Reseller Rights
Intellectual Property Internet Law Trade Mark Rights Domain Name Registration Abusive Registration Reseller Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Apollo Electronics Group Limited

Complainant

Pritesh Patel/CMC Trading Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant has rights in the NEXT BASE mark, and the respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to those rights, constituting an abusive registration under the Nominet DRS Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name next-base.co.uk to Apollo Electronics Group Limited