PC World Wins Domain Name Dispute Despite 'Flimsy' Evidence

by Robin Pilgrim, LawAndTax-News.com, London

14 April 2004

It emerged recently that the Dixons Store Group (DSG), which owns the PC World chain has won the transfer of the domain name pcworlddirect.co.uk, despite having provided "flimsy" evidence to support its case.

The domain name was registered in 2002 by Francis David Lyons and David Lyons, the sole officers of a dormant company known as PC World Direct Ltd. A website based on the domain name was never developed, and it remained a holding page of domain name registrar easily.co.uk.

Following an initial inquiry by DSG, Lawgistics, the law firm representing the Lyons suggested a purchase price of £300,000.

Dixons then complained to Nominet, the registrar for all .uk domain names, arguing that the use of the domain name by any organisation other than PC World was likely to confuse consumers, and that the £300,000 demand clearly demonstrated bad faith.

Speaking on behalf of the Nominet dispute resolution panel, Claire Milne expressed displeasure at the standard of the evidence provided by DSG to support its claim, revealing that:

"No attempt has been made to demonstrate rights in respect of a name or mark which is similar to the domain name. Instead, rather flimsy evidence has been supplied in support of rights in the exact name PC World Direct."

However, the panel acknowledged that PC World had rights to the well-known name sufficient to allow its claim for transfer of ownership to be upheld. It also agreed that the Lyons' £300,000 claim represented evidence of abusive registration, as it was "an amount well in excess of any credible out-of-pocket costs".

It therefore ordered that the domain name be transferred to the Dixons Store Group.

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