British Tourist Authority v Lingstadt [2009] DRS 6516 (26 February 2009)

British Tourist Authority v Lingstadt [2009] DRS 6516 (26 February 2009)

The Complainant established unregistered rights in 'VisitEngland' through longstanding use and brand investment. The Respondent acquired the disputed domain after these rights arose and with knowledge of the Complainant's brand. The Respondent's use of the domain for a parking page with no genuine offering, combined with evidence of intent to sell and lack of legitimate interest, constitutes abusive registration under the DRS Policy. The presence of a hyphen does not sufficiently distinguish the domain from the Complainant's rights.

Citation
[2009] DRS 6516
Parties
Complainant: British Tourist Authority; Respondent: Toby Lingstadt
Jurisdiction
United Kingdom
Judgment Date
26 February 2009
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Names, Passing Off, Trade Marks, Bad Faith Registration
Intellectual Property Information Technology Domain Names Passing Off Trade Marks Bad Faith Registration

Case Brief

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Parties

British Tourist Authority

Complainant

Toby Lingstadt

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination

Legal Issues

  1. 1 Whether the Complainant has rights in the name 'VisitEngland' or similar for the purposes of the DRS Policy
  2. 2 Whether the Respondent's registration and use of visit-england.co.uk is abusive under the DRS Policy

Ratio Decidendi

The Complainant established unregistered rights in 'VisitEngland' through longstanding use and brand investment. The Respondent acquired the disputed domain after these rights arose and with knowledge of the Complainant's brand. The Respondent's use of the domain for a parking page with no genuine offering, combined with evidence of intent to sell and lack of legitimate interest, constitutes abusive registration under the DRS Policy. The presence of a hyphen does not sufficiently distinguish the domain from the Complainant's rights.

Court Disposition

Complaint upheld

Orders

  • The domain name visit-england.co.uk is to be transferred to the Complainant.