Moss & Coleman Solicitors v Kordowski [2007] DRS 4198 (1 February 2007)

Moss & Coleman Solicitors v Kordowski [2007] DRS 4198 (1 February 2007)

Registration and use of a domain name identical to the complainant's trading name, even for criticism, constitutes abusive registration as it causes confusion, unfairly disrupts the complainant's business, and takes unfair advantage of the complainant's rights. Fair use for criticism does not justify such registration.

Citation
[2007] DRS 4198
Parties
Complainant: Moss and Coleman Solicitors; Respondent: Rick Kordowski
Jurisdiction
United Kingdom
Judgment Date
01 February 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Passing Off, Unregistered Trademark Rights, Freedom of Expression
Intellectual Property Internet Law Domain Name Disputes Passing Off Unregistered Trademark Rights Freedom of Expression

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Parties

Moss and Coleman Solicitors

Complainant

Rick Kordowski

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent
  3. 3 Whether use of an identical domain name for criticism constitutes fair use under the DRS Policy

Ratio Decidendi

Registration and use of a domain name identical to the complainant's trading name, even for criticism, constitutes abusive registration as it causes confusion, unfairly disrupts the complainant's business, and takes unfair advantage of the complainant's rights. Fair use for criticism does not justify such registration.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name mossandcoleman.co.uk is to be transferred to Moss and Coleman Solicitors.