Internet Ltd -v- SSL [2002] DRS 442 (29 July 2002)

Internet Ltd -v- SSL [2002] DRS 442 (29 July 2002)

The complainant failed to establish trade mark rights or goodwill in a name similar to the disputed domain name, and only demonstrated contractual rights in a similar domain name. The alleged abusive use did not take unfair advantage of or cause unfair detriment to those contractual rights. The complainant did not prove the domain name was an abusive registration in the hands of the respondent.

Citation
[2002] DRS 442
Parties
Complainant: 1&1 Internet Limited; Respondent: SSL
Jurisdiction
United Kingdom
Judgment Date
29 July 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint rejected
Legal Topics
Domain Name Registration, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Passing Off Abusive Registration

Case Brief

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Parties

1&1 Internet Limited

Complainant

SSL

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

Ratio Decidendi

The complainant failed to establish trade mark rights or goodwill in a name similar to the disputed domain name, and only demonstrated contractual rights in a similar domain name. The alleged abusive use did not take unfair advantage of or cause unfair detriment to those contractual rights. The complainant did not prove the domain name was an abusive registration in the hands of the respondent.

Court Disposition

Complaint rejected