Adventures Worldwide Ltd v Stir Media [2008] DRS 5759 (17 July 2008)

Adventures Worldwide Ltd v Stir Media [2008] DRS 5759 (17 July 2008)

Complainant established rights in the name identical or similar to the domain name and the facts fall within the policy's definition of abusive registration due to exclusive use and payment by complainant, and inadvertent failure to transfer ownership.

Citation
[2008] DRS 5759
Parties
Complainant: Adventures Worldwide Ltd, t/a The Adventure Company; Respondent: Stir Media
Jurisdiction
United Kingdom
Judgment Date
17 July 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Registration, Abusive Registration, Goodwill, Contractual Relationships
Intellectual Property Contract Law Domain Name Registration Abusive Registration Goodwill Contractual Relationships

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Parties

Adventures Worldwide Ltd, t/a The Adventure Company

Complainant

Stir Media

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

Ratio Decidendi

Complainant established rights in the name identical or similar to the domain name and the facts fall within the policy's definition of abusive registration due to exclusive use and payment by complainant, and inadvertent failure to transfer ownership.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of adventurecompany.co.uk to Adventures Worldwide Ltd