QVC Inc -v- Sticky Dickys [2003] DRS 784 (21 March 2003)

QVC Inc -v- Sticky Dickys [2003] DRS 784 (21 March 2003)

The complainants have established rights in the QVC mark, which is similar to the disputed domain names. The respondent registered and used the domain names with the intention of trading off the complainants' rights, taking unfair advantage of their reputation and goodwill. The respondent's proposed and actual use would likely cause confusion and is not justified by disclaimers or links. The domain names are abusive registrations and should be transferred to the complainant.

Citation
[2003] DRS 784
Parties
Complainant: QVC Inc; Complainant: QVC; Respondent: Sticky Dickys
Jurisdiction
United Kingdom
Judgment Date
21 March 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain names to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

QVC Inc

Complainant

QVC

Complainant

Sticky Dickys

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainants have rights in a mark identical or similar to the domain names
  2. 2 Whether the domain names, in the hands of the respondent, are abusive registrations

Ratio Decidendi

The complainants have established rights in the QVC mark, which is similar to the disputed domain names. The respondent registered and used the domain names with the intention of trading off the complainants' rights, taking unfair advantage of their reputation and goodwill. The respondent's proposed and actual use would likely cause confusion and is not justified by disclaimers or links. The domain names are abusive registrations and should be transferred to the complainant.

Court Disposition

Domain names to be transferred to the complainant

Orders

  • The domain names asseenonqvc.co.uk and justlikeqvc.co.uk are to be transferred to QVC Inc.