Forsey v Xi Software Ltd & Anor [2007] DRS 4113 (4 January 2007)
The complainant has unregistered rights in the name 'Forsey' used in trade, and the domain name is identical to this name. The respondent's use of the domain name is inherently likely to cause confusion and is unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.
- Citation
- [2007] DRS 4113
- Parties
- Complainant: Terry Forsey; Respondent: Xi Software Ltd; Respondent: Mr John Collins
- Jurisdiction
- United Kingdom
- Judgment Date
- 04 January 2007
- Procedural Posture
- Domain Name Dispute / Independent Expert Determination
- Outcome
- Domain name transferred to complainant
- Legal Topics
- Domain Name Disputes, Passing Off, Abusive Registration, Unregistered Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Terry Forsey
Complainant
Xi Software Ltd
Respondent
Mr John Collins
Respondent
Procedural Posture
Domain Name Dispute / Independent Expert Determination
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration in the hands of the respondent
Ratio Decidendi
The complainant has unregistered rights in the name 'Forsey' used in trade, and the domain name is identical to this name. The respondent's use of the domain name is inherently likely to cause confusion and is unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.
Court Disposition
Domain name transferred to complainant
Orders
- Transfer of domain name forsey.org.uk to Terry Forsey
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