Minuteman Press International Inc v Rsite Ltd [2009] DRS 7150 (22 July 2009)

Minuteman Press International Inc v Rsite Ltd [2009] DRS 7150 (22 July 2009)

The complainant established rights in a mark similar to the domain name, and the respondent’s use of the domain name was likely to cause confusion and took unfair advantage of those rights. The respondent failed to provide evidence of legitimate business use. On the balance of probabilities, the domain name was an abusive registration.

Citation
[2009] DRS 7150
Parties
Complainant: Minuteman Press International Inc.; Respondent: Rsite Limited
Jurisdiction
United Kingdom
Judgment Date
22 July 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Abusive Registration

Case Brief

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Parties

Minuteman Press International Inc.

Complainant

Rsite Limited

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 is an abusive registration

Ratio Decidendi

The complainant established rights in a mark similar to the domain name, and the respondent’s use of the domain name was likely to cause confusion and took unfair advantage of those rights. The respondent failed to provide evidence of legitimate business use. On the balance of probabilities, the domain name was an abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain name to be transferred to the complainant