Saveonyourbills Ltd -v- Uswitch Ltd [2003] DRS 1055 (28 August 2003)

Saveonyourbills Ltd -v- Uswitch Ltd [2003] DRS 1055 (28 August 2003)

The complainant established rights in the mark 'saveonyourbills' through use and goodwill, and the respondent’s registration and use of the similar domain name to redirect to its competing service constituted an abusive registration intended to disrupt the complainant’s business.

Citation
[2003] DRS 1055
Parties
Complainant: Saveonyourbills Ltd; Respondent: Uswitch Ltd
Jurisdiction
United Kingdom
Judgment Date
28 August 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Saveonyourbills Ltd

Complainant

Uswitch Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant established rights in the mark 'saveonyourbills' through use and goodwill, and the respondent’s registration and use of the similar domain name to redirect to its competing service constituted an abusive registration intended to disrupt the complainant’s business.

Court Disposition

Complaint upheld

Orders

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