Ebuyer (UK) Ltd v Web Auction Ltd [2002] DRS 347 (8 June 2002)

Ebuyer (UK) Ltd v Web Auction Ltd [2002] DRS 347 (8 June 2002)

The complainant established rights in the 'ebuyer' mark through goodwill, and the respondent's use of the domain name to redirect customers to a competitor was indicative of abusive registration under the Policy.

Citation
[2002] DRS 347
Parties
Complainant: Ebuyer (UK) Limited; Respondent: Web Auction Limited
Jurisdiction
United Kingdom
Judgment Date
08 June 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Rights Passing Off Abusive Registration

Case Brief

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Parties

Ebuyer (UK) Limited

Complainant

Web Auction Limited

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 'ebuyer' mark through goodwill, and the respondent's use of the domain name to redirect customers to a competitor was indicative of abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Domain name 'ebuyer.co.uk' to be transferred to the complainant