Pitchmastic PmB Limited v Gregland (t/a None Trading) [2010] DRS 8320 (21 May 2010)

Pitchmastic PmB Limited v Gregland (t/a None Trading) [2010] DRS 8320 (21 May 2010)

The complainant has both registered and unregistered rights in Pitchmastic PmB. The domain name is similar to the complainant's mark. The respondent's explanation for the domain name is implausible, and the use of the domain name caused confusion and unfair disruption to the complainant's business. The respondent's actions were not legitimate non-commercial use and were unfairly detrimental to the complainant's rights. The domain name is an abusive registration.

Citation
[2010] DRS 8320
Parties
Complainant: Pitchmastic PmB Limited; Respondent: Robert Taylor
Jurisdiction
United Kingdom
Judgment Date
21 May 2010
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trademark Infringement, Passing Off, Bad Faith Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Passing Off Bad Faith Registration

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Parties

Pitchmastic PmB Limited

Complainant

Robert Taylor

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The complainant has both registered and unregistered rights in Pitchmastic PmB. The domain name is similar to the complainant's mark. The respondent's explanation for the domain name is implausible, and the use of the domain name caused confusion and unfair disruption to the complainant's business. The respondent's actions were not legitimate non-commercial use and were unfairly detrimental to the complainant's rights. The domain name is an abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name pitchmastic.co.uk is to be transferred to Pitchmastic PmB Limited