Q Soft Consulting Ltd v Smith [2008] DRS 5515 (7 May 2008)

Q Soft Consulting Ltd v Smith [2008] DRS 5515 (7 May 2008)

On the balance of probabilities, the complainant owns a registered trade mark in GAYDAR, which is similar to the disputed domain names. The respondent is using the domain names to generate revenue via pay-per-click links, some of which are related to the complainant's business area, thereby taking unfair advantage of the complainant's rights. This constitutes abusive registration under the Policy.

Citation
[2008] DRS 5515
Parties
Complainant: Q Soft Consulting Limited; Respondent: Tim Smith
Jurisdiction
United Kingdom
Judgment Date
07 May 2008
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination (final Decision)
Outcome
Complaint upheld; domain names to be transferred to complainant.
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration Passing Off

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Parties

Q Soft Consulting Limited

Complainant

Tim Smith

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination (final Decision)

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain names
  2. 2 Whether the domain names are abusive registrations in the hands of the respondent

Ratio Decidendi

On the balance of probabilities, the complainant owns a registered trade mark in GAYDAR, which is similar to the disputed domain names. The respondent is using the domain names to generate revenue via pay-per-click links, some of which are related to the complainant's business area, thereby taking unfair advantage of the complainant's rights. This constitutes abusive registration under the Policy.

Court Disposition

Complaint upheld; domain names to be transferred to complainant.

Orders

  • Transfer of domain names wgaydar.co.uk and gaydar-nation.co.uk to Q Soft Consulting Limited.