Bott Ltd v Bott Partnership [2007] DRS 4824 (24 July 2007)

Bott Ltd v Bott Partnership [2007] DRS 4824 (24 July 2007)

The complainant established rights in the name BOTT but failed to prove that the domain name registration was abusive; mere inactivity and lack of evidence of improper motive do not constitute abusive registration.

Citation
[2007] DRS 4824
Parties
Complainant: Bott Limited; Respondent: The Bott Partnership
Jurisdiction
United Kingdom
Judgment Date
24 July 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Abusive Registration, Trade Name Rights
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Trade Name Rights

Case Brief

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Parties

Bott Limited

Complainant

The Bott Partnership

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

The complainant established rights in the name BOTT but failed to prove that the domain name registration was abusive; mere inactivity and lack of evidence of improper motive do not constitute abusive registration.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken in respect of the respondent's registration of the domain name