FTSE International Ltd -v- Brann [2004] DRS 1384 (6 March 2004)

FTSE International Ltd -v- Brann [2004] DRS 1384 (6 March 2004)

The complainant has rights in the FTSE mark, which is identical or similar to the domain name. The respondent, being in the financial services sector, could not credibly claim ignorance of the FTSE indices. The domain name was registered in a manner that took unfair advantage of the complainant’s rights and constitutes an abusive registration under the Nominet DRS Policy.

Citation
[2004] DRS 1384
Parties
Complainant: FTSE International Limited; Respondent: Stephen Richard Brann
Jurisdiction
United Kingdom
Judgment Date
06 March 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name ordered to be transferred.
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

FTSE International Limited

Complainant

Stephen Richard Brann

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has rights in the FTSE mark, which is identical or similar to the domain name. The respondent, being in the financial services sector, could not credibly claim ignorance of the FTSE indices. The domain name was registered in a manner that took unfair advantage of the complainant’s rights and constitutes an abusive registration under the Nominet DRS Policy.

Court Disposition

Complaint upheld; domain name ordered to be transferred.

Orders

  • Transfer of the domain name FTSE.co.uk to the complainant.