Asia Pacific Breweries Ltd -v- Treasury Solicitor (BV) [2004] DRS 1409 (19 January 2004)

Asia Pacific Breweries Ltd -v- Treasury Solicitor (BV) [2004] DRS 1409 (19 January 2004)

If the Crown acquired the domain name such that it could sell it to the highest bidder, this is unfairly detrimental to the Complainant's rights and constitutes an abusive registration under the DRS Policy.

Citation
[2004] DRS 1409
Parties
Complainant: Asia Pacific Breweries Limited; Respondent: Treasury Solicitor
Jurisdiction
United Kingdom
Judgment Date
19 January 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trade Mark Rights, Bona Vacantia, Trust Property, Abusive Registration
Intellectual Property Company Law Internet Law Domain Name Registration Trade Mark Rights Bona Vacantia Trust Property Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Asia Pacific Breweries Limited

Complainant

Treasury Solicitor

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the domain name tigerbeer.co.uk was registered on behalf of the Complainant
  2. 2 Whether the domain name is an abusive registration under the DRS Policy
  3. 3 Whether the Treasury Solicitor is the proper Respondent

Ratio Decidendi

If the Crown acquired the domain name such that it could sell it to the highest bidder, this is unfairly detrimental to the Complainant's rights and constitutes an abusive registration under the DRS Policy.

Court Disposition

Complaint upheld

Orders

  • Register to be amended to show the domain name as belonging to the Complainant