Sound Choice -v- Usher [2003] DRS 1310 (9 December 2003)

Sound Choice -v- Usher [2003] DRS 1310 (9 December 2003)

The complainant established rights in the 'Sound Choice' mark and demonstrated that the respondent's use of the domain name was likely to cause confusion, constituting abusive registration under the Policy.

Citation
[2003] DRS 1310
Parties
Complainant: Sound Choice; Respondent: Wayne Usher
Jurisdiction
United Kingdom
Judgment Date
09 December 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

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Parties

Sound Choice

Complainant

Wayne Usher

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 name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the 'Sound Choice' mark and demonstrated that the respondent's use of the domain name was likely to cause confusion, constituting abusive registration under the Policy.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

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