Bristol Industrial Engraving -v- TK Soft/Tim Kinsella [2003] DRS 1142 (25 September 2003)

Bristol Industrial Engraving -v- TK Soft/Tim Kinsella [2003] DRS 1142 (25 September 2003)

The complainant established rights in the name 'BIE' through use as a trading name and website address. The respondent registered the domain name after prior business dealings, offered to sell it for £400, and used the website to disrupt the complainant's business. These actions constitute abusive registration under the Nominet Policy.

Citation
[2003] DRS 1142
Parties
Complainant: Bristol Industrial Engraving; Respondent: TK Soft / Tim Kinsella
Jurisdiction
United Kingdom
Judgment Date
25 September 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Passing Off Abusive Registration

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Parties

Bristol Industrial Engraving

Complainant

TK Soft / Tim Kinsella

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name 'BIE' or 'b-i-e'
  2. 2 Whether the respondent's registration of the domain name constitutes an abusive registration

Ratio Decidendi

The complainant established rights in the name 'BIE' through use as a trading name and website address. The respondent registered the domain name after prior business dealings, offered to sell it for £400, and used the website to disrupt the complainant's business. These actions constitute abusive registration under the Nominet Policy.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name b-i-e.co.uk to the complainant