Elite Personnel Services Ltd v Sevens [2007] DRS 4812 (9 August 2007)

Elite Personnel Services Ltd v Sevens [2007] DRS 4812 (9 August 2007)

The complainant demonstrated rights in a name similar to the domain name through trading goodwill and company name. The domain name, remaining in the respondent's name due to historical accident and with exclusive use and renewal by the complainant, constitutes abusive registration.

Citation
[2007] DRS 4812
Parties
Complainant: Elite Personnel Services Limited; Respondent: Sevens
Jurisdiction
United Kingdom
Judgment Date
09 August 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Abusive Registration, Goodwill, Company Name Rights
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Goodwill Company Name Rights

Case Brief

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Parties

Elite Personnel Services Limited

Complainant

Sevens

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 domain name
  2. 2 Whether the domain name, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The complainant demonstrated rights in a name similar to the domain name through trading goodwill and company name. The domain name, remaining in the respondent's name due to historical accident and with exclusive use and renewal by the complainant, constitutes abusive registration.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name elite-personnel.co.uk is to be transferred to the complainant.