Yahoo! Inc -v- Smith [2003] DRS 1770 (24 March 2003)

Yahoo! Inc -v- Smith [2003] DRS 1770 (24 March 2003)

The domain name yahho.co.uk is similar to the YAHOO! mark and was registered and used in a manner that unfairly disrupts the complainant's business and confuses consumers, constituting an abusive registration under the Policy.

Citation
[2003] DRS 1770
Parties
Complainant: Yahoo! Inc; Respondent: Simon Charles Smith
Jurisdiction
United Kingdom
Judgment Date
24 March 2003
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Trademark Infringement, Domain Name Dispute, Typosquatting, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Dispute Typosquatting Abusive Registration

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Parties

Yahoo! Inc

Complainant

Simon Charles Smith

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the domain name yahho.co.uk is identical or similar to a mark in which the complainant has rights
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The domain name yahho.co.uk is similar to the YAHOO! mark and was registered and used in a manner that unfairly disrupts the complainant's business and confuses consumers, constituting an abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Domain name yahho.co.uk to be transferred to the complainant