£ist$ v Ells [2004] DRS 1952 (21 October 2004)

£ist$ v Ells [2004] DRS 1952 (21 October 2004)

Complainant has rights in a name similar to the domain name, but has not proven that the domain name is an abusive registration; no evidence of confusion or targeting; domain name is generic and not abusive to sell generic domain names.

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 Determination
Outcome
Complaint denied
Legal Topics
Domain Name Registration, Abusive Registration, Company Name Rights
Intellectual Property Internet Law Domain Name Registration Abusive Registration Company Name Rights

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Parties

£ist$ (LISTS)

Complainant

Richard Ells

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

Complainant has rights in a name similar to the domain name, but has not proven that the domain name is an abusive registration; no evidence of confusion or targeting; domain name is generic and not abusive to sell generic domain names.

Court Disposition

Complaint denied

Orders

  • Domain name to remain in the hands of the respondent