Brown (t/a Testament) -v- Xinc Ltd [2004] DRS 1502 (16 March 2004)

Brown (t/a Testament) -v- Xinc Ltd [2004] DRS 1502 (16 March 2004)

The complainant established rights in the mark identical to the domain name, but failed to prove that the registration was abusive as defined by the policy; the dispute arises from contractual relations, not abusive registration.

Citation
[2004] DRS 1502
Parties
Complainant: Mr Stewart Brown (t/a Testament); Respondent: Xinc Ltd
Jurisdiction
United Kingdom
Judgment Date
16 March 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint dismissed
Legal Topics
Domain Name Disputes, Abusive Registration, Goodwill, Contractual Relations
Intellectual Property Information Technology Domain Name Disputes Abusive Registration Goodwill Contractual Relations

Case Brief

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Parties

Mr Stewart Brown (t/a Testament)

Complainant

Xinc Ltd

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical to the disputed 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 mark identical to the domain name, but failed to prove that the registration was abusive as defined by the policy; the dispute arises from contractual relations, not abusive registration.

Court Disposition

complaint dismissed