SD London (t/a Shearer Darnell Recruitment) v Morrison [2006] DRS 3209 (7 March 2006)

SD London (t/a Shearer Darnell Recruitment) v Morrison [2006] DRS 3209 (7 March 2006)

The complainant failed to establish rights in the name or mark as required by the DRS Policy, as the evidence showed the goodwill was assigned to Mr Oliver Darnell and not to the complainant entity.

Citation
[2006] DRS 3209
Parties
Complainant: SD London t/a Shearer Darnell Recruitment; Respondent: Robert Morrison
Jurisdiction
United Kingdom
Judgment Date
07 March 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
application refused
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

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Parties

SD London t/a Shearer Darnell Recruitment

Complainant

Robert Morrison

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in respect of 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

The complainant failed to establish rights in the name or mark as required by the DRS Policy, as the evidence showed the goodwill was assigned to Mr Oliver Darnell and not to the complainant entity.

Court Disposition

application refused