Carphone Warehouse Ltd v Wilkes [2004] DRS 02086 (15 December 2004)

The complainant established rights in the CARPHONE WAREHOUSE mark, and the respondent's use of confusingly similar domain names to attract internet traffic constituted abusive registration under the Policy.

Source-derived case information.

Citation: [2004] DRS 02086
Parties: Complainant: The Carphone Warehouse Limited; Respondent: Russell Wilkes
Jurisdiction: United Kingdom
Judgment Date: 15 December 2004
Procedural Posture: Domain Name Dispute / Expert Determination
Outcome: Domain names ordered to be transferred to complainant
Legal Topics: Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration

Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Passing Off Abusive Registration

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Party arguments 2

Parties

The Carphone Warehouse Limited

Complainant

Russell Wilkes

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

1 Whether the complainant has rights in a name or mark similar to the domain names
2 Whether the domain names are abusive registrations in the hands of the respondent

Ratio Decidendi

Court Disposition

Domain names ordered to be transferred to complainant

Orders

Transfer of carphonewarhouse.co.uk and thecarphonewarhouse.co.uk to The Carphone Warehouse Limited

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