Ryanair Ltd v Tyler [2010] DRS 8527 (07 October 2010)

Ryanair Ltd v Tyler [2010] DRS 8527 (07 October 2010)

The complainant established rights in the RYANAIR mark and similarity with the domain name. However, the respondent's primary intention at registration was to operate a criticism site, not to unfairly disrupt Ryanair's business or take unfair advantage. Commercial links were introduced nearly three years after registration and generated minimal income, insufficient to render the registration abusive. The use of the domain name for criticism, even if disruptive, was not unfair under the Policy. The complaint failed as the domain name was not an abusive registration.

Citation
[2010] DRS 8527
Parties
Complainant: Ryanair Limited; Respondent: Robert Tyler
Jurisdiction
United Kingdom
Judgment Date
07 October 2010
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Determination
Outcome
Complaint denied
Legal Topics
Trade Marks, Domain Name Policy, Passing Off, Defamation, Fair Use, Commercial Use of Domain Names
Intellectual Property Domain Name Disputes Trade Marks Domain Name Policy Passing Off Defamation Fair Use Commercial Use of Domain Names

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Parties

Ryanair Limited

Complainant

Robert Tyler

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Determination

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 under the Nominet Policy

Ratio Decidendi

The complainant established rights in the RYANAIR mark and similarity with the domain name. However, the respondent's primary intention at registration was to operate a criticism site, not to unfairly disrupt Ryanair's business or take unfair advantage. Commercial links were introduced nearly three years after registration and generated minimal income, insufficient to render the registration abusive. The use of the domain name for criticism, even if disruptive, was not unfair under the Policy. The complaint failed as the domain name was not an abusive registration.

Court Disposition

Complaint denied