Markel Corporation -v- RedLeg Interactive Media [2002] DRS 1423 (15 February 2004)

Markel Corporation -v- RedLeg Interactive Media [2002] DRS 1423 (15 February 2004)

The complainant established rights in a similar name or mark but failed to prove on the balance of probabilities that the domain was an abusive registration, as there was insufficient evidence of confusion or unfair advantage taken by the respondent.

Citation
[2002] DRS 1423
Parties
Complainant: Markel Corporation; Respondent: Redleg Interactive Media
Jurisdiction
United Kingdom
Judgment Date
15 February 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint dismissed
Legal Topics
Domain Names, Trademark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Names Trademark Infringement Passing Off Abusive Registration

Case Brief

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Parties

Markel Corporation

Complainant

Redleg Interactive Media

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in a similar name or mark but failed to prove on the balance of probabilities that the domain was an abusive registration, as there was insufficient evidence of confusion or unfair advantage taken by the respondent.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in respect of the domain name markel.co.uk