Stockland Corporation Ltd v Lane [2009] DRS 6649 (25 March 2009)

Stockland Corporation Ltd v Lane [2009] DRS 6649 (25 March 2009)

The complainant has rights in the STOCKLAND mark, which is identical to the domain name. While the respondent did not register the domain in bad faith, his subsequent use—pointing the domain to a competitor's website—was unfairly detrimental to the complainant's rights and caused confusion. This constitutes abusive registration under the DRS Policy.

Citation
[2009] DRS 6649
Parties
Complainant: Stockland Corporation Limited; Respondent: Thomas Lane
Jurisdiction
United Kingdom
Judgment Date
25 March 2009
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

Stockland Corporation Limited

Complainant

Thomas Lane

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / 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 has rights in the STOCKLAND mark, which is identical to the domain name. While the respondent did not register the domain in bad faith, his subsequent use—pointing the domain to a competitor's website—was unfairly detrimental to the complainant's rights and caused confusion. This constitutes abusive registration under the DRS Policy.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name 'stockland.co.uk' is to be transferred to Stockland Corporation Limited.