Mockstar Ltd v Coupe [2009] DRS 6538 (3 February 2009)

Mockstar Ltd v Coupe [2009] DRS 6538 (3 February 2009)

The Complainant has established unregistered trade mark rights in 'Glastonbudget Festival' and the Domain Name is similar. While initial registration was not abusive, subsequent use by the Respondent was abusive as it unfairly disrupted the Complainant's business and was likely to confuse the public, justifying transfer of the Domain Name.

Citation
[2009] DRS 6538
Parties
Complainant: Mockstar Limited; Respondent: Richard Coupe
Jurisdiction
United Kingdom
Judgment Date
03 February 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain Name to be transferred to Complainant
Legal Topics
Domain Name Registration, Unregistered Trade Mark Rights, Abusive Registration, Goodwill, Trade Mark Assignment
Intellectual Property Internet Law Domain Name Registration Unregistered Trade Mark Rights Abusive Registration Goodwill Trade Mark Assignment

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Parties

Mockstar Limited

Complainant

Richard Coupe

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the Complainant has rights in a name or mark 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 has established unregistered trade mark rights in 'Glastonbudget Festival' and the Domain Name is similar. While initial registration was not abusive, subsequent use by the Respondent was abusive as it unfairly disrupted the Complainant's business and was likely to confuse the public, justifying transfer of the Domain Name.

Court Disposition

Domain Name to be transferred to Complainant

Orders

  • Transfer of domain name glastonbudget.co.uk to Mockstar Limited