Direct Line Insurance PLC -v- Snoop4.com Ltd [2002] DRS 550 (27 September 2002)

Direct Line Insurance PLC -v- Snoop4.com Ltd [2002] DRS 550 (27 September 2002)

Direct Line established rights in the 'JAMJAR' and 'JAM JAR' marks, and the domain name 'jamajr.co.uk' is similar to those marks. The respondent, a competitor, registered the domain name as a typographical variant to take unfair advantage of Direct Line's rights, constituting abusive registration. The respondent's prior undertaking to transfer the domain name supports this finding.

Citation
[2002] DRS 550
Parties
Complainant: Direct Line Insurance plc; Respondent: Snoop4.com Limited
Jurisdiction
United Kingdom
Judgment Date
27 September 2002
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Typo Piracy
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration Typo Piracy

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Parties

Direct Line Insurance plc

Complainant

Snoop4.com Limited

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination

Legal Issues

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

Ratio Decidendi

Direct Line established rights in the 'JAMJAR' and 'JAM JAR' marks, and the domain name 'jamajr.co.uk' is similar to those marks. The respondent, a competitor, registered the domain name as a typographical variant to take unfair advantage of Direct Line's rights, constituting abusive registration. The respondent's prior undertaking to transfer the domain name supports this finding.

Court Disposition

Complaint upheld

Orders

  • The domain name 'jamajr.co.uk' is to be transferred to Direct Line Insurance plc or its nominee.