Guanghwa Company Ltd -v- Proton [2004] DRS 1575 (7 May 2004)

Guanghwa Company Ltd -v- Proton [2004] DRS 1575 (7 May 2004)

The complainant proved rights in the name 'Guanghwa' but failed to provide evidence that the domain name was an abusive registration; bare assertions without supporting evidence are insufficient under the Policy.

Citation
[2004] DRS 1575
Parties
Complainant: Guanghwa Company Limited; Respondent: Proton
Jurisdiction
United Kingdom
Judgment Date
07 May 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint rejected
Legal Topics
Domain Name Registration, Abusive Registration, Company Name Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Company Name Rights

Case Brief

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Parties

Guanghwa Company Limited

Complainant

Proton

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 constitutes an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant proved rights in the name 'Guanghwa' but failed to provide evidence that the domain name was an abusive registration; bare assertions without supporting evidence are insufficient under the Policy.

Court Disposition

Complaint rejected