Alliance & Leicester PLC v Brawn [2006] DRS 4135 (18 December 2006)

Alliance & Leicester PLC v Brawn [2006] DRS 4135 (18 December 2006)

The complainant established rights in the relevant names and the respondent's registration and use of the domain names took unfair advantage of those rights, constituting abusive registration. The respondent's conduct amounted to a phishing operation designed to confuse users and disrupt the complainant's business.

Citation
[2006] DRS 4135
Parties
Complainant: Alliance & Leicester PLC; Respondent: Yorgi Brawn
Jurisdiction
United Kingdom
Judgment Date
18 December 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Phishing, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Passing Off Phishing Abusive Registration

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Parties

Alliance & Leicester PLC

Complainant

Yorgi Brawn

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the disputed domain names
  2. 2 Whether the domain names constitute abusive registrations under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the relevant names and the respondent's registration and use of the domain names took unfair advantage of those rights, constituting abusive registration. The respondent's conduct amounted to a phishing operation designed to confuse users and disrupt the complainant's business.

Court Disposition

Complaint upheld

Orders

  • Transfer of all 67 disputed domain names to the complainant