Saddleworth Hotel v The White Hart Inn [2007] DRS 4487 (9 May 2007)

Saddleworth Hotel v The White Hart Inn [2007] DRS 4487 (9 May 2007)

The complainant established rights in the name 'The Saddleworth Hotel' through long use and reputation, making the name distinctive and not wholly descriptive. The respondent's registration and use of the identical domain name to direct users to its own competing hotel website was likely to cause confusion, take unfair advantage of the complainant's rights, and was therefore an abusive registration under the Policy.

Citation
[2007] DRS 4487
Parties
Complainant: The Saddleworth Hotel; Respondent: The White Hart Inn
Jurisdiction
United Kingdom
Judgment Date
09 May 2007
Procedural Posture
Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Trademark Rights Abusive Registration

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Parties

The Saddleworth Hotel

Complainant

The White Hart Inn

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service

Legal Issues

  1. 1 Whether the complainant has rights in the name 'The Saddleworth Hotel' identical or similar to the disputed domain name
  2. 2 Whether the domain name registration and use by the respondent constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the name 'The Saddleworth Hotel' through long use and reputation, making the name distinctive and not wholly descriptive. The respondent's registration and use of the identical domain name to direct users to its own competing hotel website was likely to cause confusion, take unfair advantage of the complainant's rights, and was therefore an abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name thesaddleworthhotel.co.uk to the complainant