Listers Group Ltd v Morrison [2008] DRS 5622 (6 June 2008)
The Complainant has established unregistered rights in 'Listers Volkswagen' and the Respondent has been found to have made abusive registrations in three or more DRS cases in the preceding two years, triggering a presumption of abusive registration which, due to lack of response, cannot be rebutted. The domain name was registered in a manner unfairly detrimental to the Complainant's rights.
- Citation
- [2008] DRS 5622
- Parties
- Complainant: Listers Group Limited; Respondent: R Morrison
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 June 2008
- Procedural Posture
- Domain Name Dispute / Decision of Independent Expert
- Outcome
- Complaint upheld
- Legal Topics
- Domain Name Registration, Abusive Registration, Unregistered Rights, Goodwill
Case Brief
Summary, issues, holding and outcome
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Parties
Listers Group Limited
Complainant
R Morrison
Respondent
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Legal Issues
- 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration
Ratio Decidendi
The Complainant has established unregistered rights in 'Listers Volkswagen' and the Respondent has been found to have made abusive registrations in three or more DRS cases in the preceding two years, triggering a presumption of abusive registration which, due to lack of response, cannot be rebutted. The domain name was registered in a manner unfairly detrimental to the Complainant's rights.
Court Disposition
Complaint upheld
Orders
- The domain name listersvolkswagen.co.uk is to be transferred to the Complainant.
Full Case Text
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