Camelot Group plc v Dixon & Anor [2005] DRS 02530 (04 August 2005)

Camelot Group plc v Dixon & Anor [2005] DRS 02530 (04 August 2005)

The complainant has enforceable trade mark rights in CAMELOT predating the domain registrations. The domain names camalot.co.uk and camalot.org.uk are confusingly similar to CAMELOT and were registered and used in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights. The respondents' actions, including framing the complainant's website and subsequent registration/use of similar domains, constitute abusive registration under the DRS Policy. The prior settlement agreement is treated as terminated for the purposes of this decision, as the respondents did not object to the complainant's position or the DRS proceedings.

Citation
[2005] DRS 02530
Parties
Complainant: Camelot Group plc; Respondent: Steve Dixon; Respondent: Natalie Sozou
Jurisdiction
United Kingdom
Judgment Date
04 August 2005
Procedural Posture
Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Decision Following Merged Complaints and Failed Mediation
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Settlement Agreements, Abusive Registration, Typo Squatting
Intellectual Property Contract Law Internet Law Domain Name Disputes Trade Mark Infringement Settlement Agreements Abusive Registration Typo Squatting

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Parties

Camelot Group plc

Complainant

Steve Dixon

Respondent

Natalie Sozou

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Decision Following Merged Complaints and Failed Mediation

Legal Issues

  1. 1 Whether the domain names camalot.co.uk and camalot.org.uk are abusive registrations under the DRS Policy
  2. 2 Whether the existence and alleged breach/termination of a prior settlement agreement precludes DRS proceedings
  3. 3 Whether the domain names are confusingly similar to the CAMELOT trade mark

Ratio Decidendi

The complainant has enforceable trade mark rights in CAMELOT predating the domain registrations. The domain names camalot.co.uk and camalot.org.uk are confusingly similar to CAMELOT and were registered and used in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights. The respondents' actions, including framing the complainant's website and subsequent registration/use of similar domains, constitute abusive registration under the DRS Policy. The prior settlement agreement is treated as terminated for the purposes of this decision, as the respondents did not object to the complainant's position or the DRS proceedings.

Court Disposition

Complaint upheld

Orders

  • Transfer of camalot.co.uk to Camelot Group plc
  • Transfer of camalot.org.uk to Camelot Group plc