Racing UK Ltd v TagNames Ltd [2008] DRS 6044 (19 November 2008)

Racing UK Ltd v TagNames Ltd [2008] DRS 6044 (19 November 2008)

The complainant established rights in the name 'Racing UK' sufficient for passing off, but failed to prove that the respondent registered or used the domain name abusively, as the respondent registered the domain before the complainant adopted the name and there was no evidence of bad faith or unfair advantage.

Citation
[2008] DRS 6044
Parties
Complainant: Racing UK Limited; Respondent: TagNames Limited
Jurisdiction
United Kingdom
Judgment Date
19 November 2008
Procedural Posture
Nominet UK Dispute Resolution Service (drs) / Expert Determination
Outcome
Complaint denied
Legal Topics
Passing Off, Abusive Registration, Reverse Domain Name Hijacking
Intellectual Property Domain Name Disputes Passing Off Abusive Registration Reverse Domain Name Hijacking

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Parties

Racing UK Limited

Complainant

TagNames Limited

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service (drs) / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark 'Racing UK' 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 established rights in the name 'Racing UK' sufficient for passing off, but failed to prove that the respondent registered or used the domain name abusively, as the respondent registered the domain before the complainant adopted the name and there was no evidence of bad faith or unfair advantage.

Court Disposition

Complaint denied

Orders

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