Holloway Floors v Wood 2 U [2004] DRS 1666 (12 July 2004)

Holloway Floors v Wood 2 U [2004] DRS 1666 (12 July 2004)

The complainant has established rights in the name 'Holloway Floors' through use as a business name. The respondent's registration and use of the domain name, identical to the complainant's business name and with likely knowledge of the complainant's local competing business, amounts to taking unfair advantage of the complainant's rights and constitutes an abusive registration.

Citation
[2004] DRS 1666
Parties
Complainant: Holloway Floors; Respondent: Wood 2 U
Jurisdiction
United Kingdom
Judgment Date
12 July 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Abusive Registration, Passing Off, Goodwill, Rights in Business Name
Intellectual Property Domain Name Law Abusive Registration Passing Off Goodwill Rights in Business Name

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Holloway Floors

Complainant

Wood 2 U

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name 'Holloway Floors'
  2. 2 Whether the respondent's registration and use of the domain name constitutes an abusive registration

Ratio Decidendi

The complainant has established rights in the name 'Holloway Floors' through use as a business name. The respondent's registration and use of the domain name, identical to the complainant's business name and with likely knowledge of the complainant's local competing business, amounts to taking unfair advantage of the complainant's rights and constitutes an abusive registration.

Court Disposition

Domain name to be transferred to complainant

Orders

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