Cash America International Inc v Jenkins [2007] DRS 4561 (27 June 2007)

Cash America International Inc v Jenkins [2007] DRS 4561 (27 June 2007)

The complainant has rights in the CASHNETUSA mark, which is identical to the domain name. The respondent registered and used the domain name to take unfair advantage of the complainant's rights, creating confusion and acting as a blocking registration. The domain name is an abusive registration.

Citation
[2007] DRS 4561
Parties
Complainant: Cash America International Inc.; Respondent: Richard Jenkins
Jurisdiction
United Kingdom
Judgment Date
27 June 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration

Case Brief

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Parties

Cash America International Inc.

Complainant

Richard Jenkins

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 has rights in the CASHNETUSA mark, which is identical to the domain name. The respondent registered and used the domain name to take unfair advantage of the complainant's rights, creating confusion and acting as a blocking registration. The domain name is an abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

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