Berry v Top Minicabs Ltd [2009] DRS 6698 (18 February 2009)

Berry v Top Minicabs Ltd [2009] DRS 6698 (18 February 2009)

The complainant demonstrated rights in a name or mark identical to the domain name and established that the registration was abusive. No other factors made a summary decision unconscionable.

Citation
[2009] DRS 6698
Parties
Complainant: Kevin Berry; Respondent: Top Minicabs Limited
Jurisdiction
United Kingdom
Judgment Date
18 February 2009
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Abusive Registration

Case Brief

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Parties

Kevin Berry

Complainant

Top Minicabs Limited

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical to the domain name
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The complainant demonstrated rights in a name or mark identical to the domain name and established that the registration was abusive. No other factors made a summary decision unconscionable.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name riddimbusta.co.uk is to be transferred to the complainant.