Huxley Associates Ltd -v- Davies [2002] DRS 407 (17 July 2002)

Huxley Associates Ltd -v- Davies [2002] DRS 407 (17 July 2002)

The complainant has trademark rights in 'Huxley', and the domain names are identical to this mark. The respondent's actions, including multiple transfers and offers to sell for profit, constitute abusive registration as defined by the Policy, taking unfair advantage of the complainant's rights.

Source-derived case information.

Citation
[2002] DRS 407
Parties
Complainant: Huxley Associates Limited; Respondent: Victoria Davies
Jurisdiction
United Kingdom
Judgment Date
17 July 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property IT Law Domain Name Registration Trademark Rights Abusive Registration

Source-derived case record

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Parties

Huxley Associates Limited

Complainant

Victoria Davies

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain names
  2. 2 Whether the domain names in the hands of the respondent constitute abusive registration

Ratio Decidendi

The complainant has trademark rights in 'Huxley', and the domain names are identical to this mark. The respondent's actions, including multiple transfers and offers to sell for profit, constitute abusive registration as defined by the Policy, taking unfair advantage of the complainant's rights.

Court Disposition

Complaint upheld

Orders

  • The domain names huxleyfinance.co.uk and huxley-finance.co.uk are to be transferred to the complainant.