R&G Advertising & Marketing Ltd v Ray Gill Advertising [2002] DRS 446 (29 August 2002)

R&G Advertising & Marketing Ltd v Ray Gill Advertising [2002] DRS 446 (29 August 2002)

The complainant established rights in a name similar to the domain name, and the respondent's registration and use of the domain name was found to be abusive, taking unfair advantage of and being unfairly detrimental to the complainant's rights.

Citation
[2002] DRS 446
Parties
Complainant: R & G Advertising & Marketing Limited; Respondent: Ray Gill Advertising
Jurisdiction
United Kingdom
Judgment Date
29 August 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Passing Off, Cybersquatting, Unregistered Trademark Rights
Intellectual Property Internet Law Domain Name Disputes Passing Off Cybersquatting Unregistered Trademark Rights

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Parties

R & G Advertising & Marketing Limited

Complainant

Ray Gill Advertising

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in a name similar to the domain name, and the respondent's registration and use of the domain name was found to be abusive, taking unfair advantage of and being unfairly detrimental to the complainant's rights.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name rgadvertising.co.uk is to be transferred to the complainant.