Nimbus Designs Ltd (trading as TVCables) v Slater [2010] DRS 8458 (07 June 2010)

Nimbus Designs Ltd (trading as TVCables) v Slater [2010] DRS 8458 (07 June 2010)

Complainants established rights in 'TV Cables' but failed to prove on the balance of probabilities that the respondent registered or used the domain name abusively; evidence did not show respondent targeted complainants at registration or caused actionable confusion.

Citation
[2010] DRS 8458
Parties
Lead Complainant: Nimbus Designs Limited; Complainant: TV Cables Limited; Complainant: Andy Smith; Complainant: Mark Slater; Respondent: Slater
Jurisdiction
United Kingdom
Judgment Date
07 June 2010
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Abusive Registration, Common Law Rights, Domain Name Similarity, Goodwill, Confusion, Generic Terms
Intellectual Property Domain Name Law Abusive Registration Common Law Rights Domain Name Similarity Goodwill Confusion Generic Terms

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Parties

Nimbus Designs Limited

Lead Complainant

TV Cables Limited

Complainant

Andy Smith

Complainant

Mark Slater

Complainant

Slater

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainants have rights in a name similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet DRS Policy

Ratio Decidendi

Complainants established rights in 'TV Cables' but failed to prove on the balance of probabilities that the respondent registered or used the domain name abusively; evidence did not show respondent targeted complainants at registration or caused actionable confusion.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in relation to the domain name