Hostway Ltd -v- Secure Screen Logo [2003] DRS 948 (3 June 2003)

Hostway Ltd -v- Secure Screen Logo [2003] DRS 948 (3 June 2003)

The complainant, through its parent company, held a US trademark for 'HOSTWAY' prior to the domain registration, and the respondent registered domain names corresponding to trading names of unrelated internet hosting companies without explanation, amounting to abusive registration taking unfair advantage of the complainant's rights.

Citation
[2003] DRS 948
Parties
Complainant: Hostway Limited; Respondent: Secure Screen Logo (SSL)
Jurisdiction
United Kingdom
Judgment Date
03 June 2003
Procedural Posture
Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Hostway Limited

Complainant

Secure Screen Logo (SSL)

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / 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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant, through its parent company, held a US trademark for 'HOSTWAY' prior to the domain registration, and the respondent registered domain names corresponding to trading names of unrelated internet hosting companies without explanation, amounting to abusive registration taking unfair advantage of the complainant's rights.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name hostway.co.uk is to be transferred to Hostway Limited.