Iskin Inc v Gibson [2009] DRS 6315 (11 March 2009)

Iskin Inc v Gibson [2009] DRS 6315 (11 March 2009)

The disputed domain was registered before complainant's use and trade mark registration; no evidence of actual confusion or unfair advantage; respondent's use is generic and traffic is insignificant; therefore, not an abusive registration under the DRS Policy.

Citation
[2009] DRS 6315
Parties
Complainant: Iskin Inc.; Respondent: Stephen Gibson
Jurisdiction
United Kingdom
Judgment Date
11 March 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Trade Mark Rights, Abusive Domain Registration, Consumer Confusion
Intellectual Property Internet Law Trade Mark Rights Abusive Domain Registration Consumer Confusion

Case Brief

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Parties

Iskin Inc.

Complainant

Stephen Gibson

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The disputed domain was registered before complainant's use and trade mark registration; no evidence of actual confusion or unfair advantage; respondent's use is generic and traffic is insignificant; therefore, not an abusive registration under the DRS Policy.

Court Disposition

Complaint dismissed

Orders

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