Haymarket Publishing Services Ltd v Transautex GB [2004] DRS 01448 (5 February 2004)

Haymarket Publishing Services Ltd v Transautex GB [2004] DRS 01448 (5 February 2004)

Complainant established rights in the AUTOCAR mark and proved on balance of probabilities that the domain name registration was primarily for the purpose of unfairly disrupting its business; thus, the domain name is an abusive registration.

Citation
[2004] DRS 01448
Parties
Complainant: Haymarket Publishing Services Ltd; Respondent: Transautex GB
Jurisdiction
United Kingdom
Judgment Date
05 February 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint succeeds
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

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Parties

Haymarket Publishing Services Ltd

Complainant

Transautex GB

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

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

Ratio Decidendi

Complainant established rights in the AUTOCAR mark and proved on balance of probabilities that the domain name registration was primarily for the purpose of unfairly disrupting its business; thus, the domain name is an abusive registration.

Court Disposition

Complaint succeeds

Orders

  • Disputed domain name autocar.co.uk to be transferred to the complainant forthwith