HM Land Registry v Timewell Estates Plc [2003] DRS 652 (8 January 2003)

HM Land Registry v Timewell Estates Plc [2003] DRS 652 (8 January 2003)

The complainant has both registered and unregistered rights in names similar to the domain name. The respondent's registration and use of the domain name took unfair advantage of the complainant's rights and caused public confusion, constituting abusive registration under the policy.

Citation
[2003] DRS 652
Parties
Complainant: HM Land Registry; Respondent: Timewell Estates Plc
Jurisdiction
United Kingdom
Judgment Date
08 January 2003
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Registration, Passing Off, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Passing Off Trademark Rights Abusive Registration

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Parties

HM Land Registry

Complainant

Timewell Estates Plc

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has both registered and unregistered rights in names similar to the domain name. The respondent's registration and use of the domain name took unfair advantage of the complainant's rights and caused public confusion, constituting abusive registration under the policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name landregistry.org.uk is to be transferred to HM Land Registry