Greenrose Network (Franchise) Ltd (t/a Country Properties) v Karpavicius [2009] DRS 6828 (08 May 2009)

Greenrose Network (Franchise) Ltd (t/a Country Properties) v Karpavicius [2009] DRS 6828 (08 May 2009)

The complainant established rights in the 'Country Properties' mark through secondary meaning, but failed to prove on the balance of probabilities that the respondent was aware of the complainant or its rights at the time of registration or that the respondent's use constituted abusive registration under the Policy.

Citation
[2009] DRS 6828
Parties
Complainant: Greenrose Network (franchise) Limited; Respondent: Rimvydas Karpavicius
Jurisdiction
United Kingdom
Judgment Date
08 May 2009
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Secondary Meaning
Intellectual Property Internet Law Domain Names Trade Marks Abusive Registration Secondary Meaning

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Parties

Greenrose Network (franchise) Limited

Complainant

Rimvydas Karpavicius

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the 'Country Properties' mark under the DRS Policy
  2. 2 Whether the respondent's registration and use of the domain name constitutes an abusive registration

Ratio Decidendi

The complainant established rights in the 'Country Properties' mark through secondary meaning, but failed to prove on the balance of probabilities that the respondent was aware of the complainant or its rights at the time of registration or that the respondent's use constituted abusive registration under the Policy.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in respect of the complaint