Game Conservancy Trust -v- RWPS [2003] DRS 1104 (9 September 2003)

Game Conservancy Trust -v- RWPS [2003] DRS 1104 (9 September 2003)

The complainant has established rights in the name 'Game Conservancy', which is identical or similar to the disputed domain name. The respondent's registration and use of the domain constitute an abusive registration, including blocking the complainant's legitimate use and disrupting its business. The respondent failed to discharge the burden of proof to show legitimate protest or fair use.

Citation
[2003] DRS 1104
Parties
Complainant: Game Conservancy Trust; Respondent: RWPS
Jurisdiction
United Kingdom
Judgment Date
09 September 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration, Fair Use
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration Fair Use

Case Brief

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Parties

Game Conservancy Trust

Complainant

RWPS

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant has established rights in the name 'Game Conservancy', which is identical or similar to the disputed domain name. The respondent's registration and use of the domain constitute an abusive registration, including blocking the complainant's legitimate use and disrupting its business. The respondent failed to discharge the burden of proof to show legitimate protest or fair use.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name gameconservancy.org.uk is to be transferred to the complainant.