MacLeod v Smith [2009] DRS 6478 (6 January 2009)

Complainant has shown rights in the DAVID URQUHART name and that the domain name davidurquart.co.uk is an abusive registration; transfer is warranted.

Citation: [2009] DRS 6478
Parties: Complainant: Ken MacLeod; Respondent: Warren Smith
Jurisdiction: United Kingdom
Judgment Date: 06 January 2009
Procedural Posture: Domain Name Dispute / Summary Decision
Outcome: Domain name transferred to complainant.
Legal Topics: Domain Name Registration, Abusive Registration, Common Law Rights

Intellectual Property Internet Law Domain Name Registration Abusive Registration Common Law Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Ken MacLeod

Complainant

Warren Smith

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

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

Ratio Decidendi

Complainant has shown rights in the DAVID URQUHART name and that the domain name davidurquart.co.uk is an abusive registration; transfer is warranted.

Court Disposition

Domain name transferred to complainant.

Orders

The domain name davidurquart.co.uk be transferred to Ken MacLeod.