Argos Retail Group -v- Brazil [2004] DRS 1877 (23 August 2004)

Argos Retail Group -v- Brazil [2004] DRS 1877 (23 August 2004)

The complainant established rights in the name 'Argos' and 'Argos Retail Group' predating the respondent's registration. The respondent registered the domain name as a blocking registration shortly after the complainant's public launch and failed to use or transfer the domain, constituting abusive registration under the Policy.

Citation
[2004] DRS 1877
Parties
Complainant: Argos Retail Group; Respondent: Raphael Brazil
Jurisdiction
United Kingdom
Judgment Date
23 August 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

Argos Retail Group

Complainant

Raphael Brazil

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 disputed domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet Policy

Ratio Decidendi

The complainant established rights in the name 'Argos' and 'Argos Retail Group' predating the respondent's registration. The respondent registered the domain name as a blocking registration shortly after the complainant's public launch and failed to use or transfer the domain, constituting abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name argosretailgroup.co.uk is to be transferred to Argos Retail Group.