Domain name dispute news section
emirates.co.uk (2011): A domain name which may appear to be geographical, and to be used in reference to that geographical area, may nonetheless be an abusive registration under the Nominet UK Dispute Resolution Service.
The Emirates airline filed a Nominet domain name dispute recovery case seeking transfer of emirates.co.uk, registered in 2002. The registrant claimed that he registered it not because it related to the airline but because it was a common shorthand for the "United Arab Emirates" and that it had been used for a genuine information website. The airline won. The Nominet appeal panel did not accept the registrant's explanation of his motive and felt that the domain name was in fact registered with the Emirates airline in mind. The panel also considered that a six year delay did not bar the claim.
Read the full emirates.co.uk domain name dispute summary
elitemodelmanagement.co.uk (2010): A figurative registered trade mark can be sufficient to generate rights for the purpose of Nominet's domain name dispute arbitration service.
The Elite model agency sought to recover the disputed domain name elitemodelmanagement.co.uk, which had been used as a 1and1 parking page. The agency lost the original case but won on appeal. Elite could rely on its figurative registered trade marks as well as unregistered rights arising from its trading history and reputation. The overwhelming probability was that the domain name was registered for an abusive purpose as it was substantially the same as Elite's name and the registrant had failed to come forward with an explanation.
Read the full elitemodelmanagement.co.uk domain name dispute summary
barrisol.co.uk (2009): Just because a distributor is allowed to register a domain name, doesn't mean that it gets to keep it.
A distributor of Barrisol-branded products was allowed to register and use the domain name barrisol.co.uk. The distribution agreement terminated. The distributor's use of the disputed domain name thereafter was an abusive registration and the Nominet domain name appeal panel ordered transfer to the trade mark owner.
Read the full barrisol.co.uk domain name dispute summary
whistleblower.co.uk (2009): Complainant fails to prove that registrant of domain name had sufficient knowledge of it or its rights
A new agency service registered the domain name whistleblower.co.uk. Two companies with prior registered trade marks for WHISTLE BLOWER failed to obtain transfer of the domain name, despite evidence that the registrant set out to deceive the Nominet expert. A Nominet domain name appeal panel held that the complainants did not demonstrate that the registrant was likely to be aware of the complainants or their trade marks.
Read the full whistleblower.co.uk domain name dispute summary
firstrung.co.uk (2009): The mere fact that confusion has occurred and is likely to occur is not enough.
The registrant registered the domain in dispute firstrung.co.uk but did nothing with it. The complainant, who in the meantime had launched a significant business at FirstRungNow.com, failed to show that the registrant's later use of firstrung.co.uk involved any wrongdoing albeit that there was much customer confusion between the two businesses, which both offered online advice to new entrants to the UK property market.
Read the full firstrung.co.uk domain name dispute summary
oasis.co.uk (2009): Oasis loses despite use of domain name for sponsored fashion links.
Seemed like a routine Nominet UK domain recovery case? Oasis is a UK high street women's clothing chain, trading since 1991. Mr Dale acquired oasis.co.uk in 2006. The domain was later used for sponsored links to women's fashion websites. Yet Oasis lost. Why? This recent appeal decision illustrates some of the dangers for trade mark owners which lurk in the Nominet UK domain name dispute recovery process.
Read the full oasis.co.uk domain recovery case summary
rayden-engineering.co.uk (2009): Use of trade mark for protest or criticism website was abusive as it amounted to impersonation of the Complainant.
The registrant had a grievance against a company called Rayden Engineering. She set up a criticism site using Rayden's name as a domain name. Rayden won the case as the domain name was identical to Rayden's trade mark and effectively amounted to impersonation. The registrant would have won if she has used a domain name which made clear that it was registered for a protest / criticism website.
Read the full rayden-engineering.co.uk domain name dispute summary
t-home.co.uk (2009): Registrants who offer to sell domain names to trade mark owners for vast sums of money are not necessarily cybersquatters.
The registrant registered t-home.co.uk before Deutsche Telekom acquired trade mark rights in that name. Under threat of litigation, the registrant, who had previously sold the domain name t-email.co.uk to Deutsche Telecom for €100,000, offered to sell t-home.co.uk it to Deutsche Telecom for €200,000. Deutsche Telcom lost its case for recovery of that domain name both in the initial decision and on appeal.
Read the full t-home.co.uk domain name dispute summary
greengiant.co.uk (2008): A lack of a plausible explanation for registration of a domain name was fatal for the registrant.
Another.com registered greengiant.co.uk. It claimed not to have received the original complaint under Nominet's Dispute Service. However, it did receive the decision and appealed but lost as the domain name reflected a distinctive and well-known brand and the appeal panel considered the registrant's explanation for registering the domain name to be implausible.
Read the full greengiant.co.uk domain name dispute summary
myspace.co.uk (2008): MySpace fails to recover myspace.co.uk despite its use for social networking links.
The domain name in dispute myspace.co.uk had been registered years before the MySpace business started. MySpace lost a Nominet appeal, despite the domain's use for sponsored social networking links, as these were entirely automated and there was no evidence that the registrant had actively exploited MySpace's trade mark.
Read the full myspace.co.uk domain name dispute summary
wiseinsurance.co.uk (2008): A descriptive domain name was found not to be an abusive registration.
The registrant acquired wiseinsurance.co.uk as part of a series of financial "wise-" prefixed domain names and used it for sponsored insurance links. Given the descriptiveness of the name and the complainant's lack of an extensive reputation, the risk of customer confusion was low and the complainant could not complain about the use of the same descriptive name by the registrant.
Read the full wiseinsurance.co.uk domain name dispute summary
maestro.co.uk (2007): Convincing evidence is needed to show that a domain name consisting of a single generic word is abusive.
Mastercard's subsidiary Maestro failed to recover maestro.co.uk. The domain name consisted of single dictionary word and the registrant's knowledge of Maestro's trade mark wasn't of itself sufficient to constitute abusive registration. Nor was the domain name in dispute part of the pattern of other of the registrant's domain names which comprised third party trade marks.
Read the full maestro.co.uk domain name dispute summary
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