£ist$ v Ells [2004] DRS 01952 (21 October 2004)

£ist$ v Ells [2004] DRS 01952 (21 October 2004)

The Complainant has demonstrated rights in respect of a name or mark similar to the Domain Name, but has not proven that the Domain Name, in the hands of the Respondent, is an Abusive Registration under the Policy.

Citation
[2004] DRS 1952
Parties
Complainant: £ist$ (LISTS); Respondent: Richard Ells
Jurisdiction
United Kingdom
Judgment Date
21 October 2004
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Company Name Rights, Generic Domain Names
Intellectual Property Domain Name Law Abusive Registration Company Name Rights Generic Domain Names

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Parties

£ist$ (LISTS)

Complainant

Richard Ells

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Does the Complainant have rights in a name or mark identical or similar to the Domain Name?
  2. 2 Is the Domain Name, in the hands of the Respondent, an Abusive Registration under the Policy?

Ratio Decidendi

The Complainant has demonstrated rights in respect of a name or mark similar to the Domain Name, but has not proven that the Domain Name, in the hands of the Respondent, is an Abusive Registration under the Policy.

Court Disposition

Complaint dismissed

Orders

  • Domain Name to remain in the hands of the Respondent