UK: Ryanair succeeds with regard to “” domain – by luck mainly

Ryanair filed a complaint with Nominet, the internet registry for .uk domain names, against Robert Tyler as registrant of “”, claiming Tyler’s blog which the domain pointed to, contained “vitriolic and highly disparaging” comments about Ryanair. The website also contained links to competing airlines and other commercial links which earned Tyler GBP 322 and were removed on the day he filed his response to the complaint. Nominet ordered to transfer the domain to Ryanair mainly because the use of Ryanair’s trade mark in the domain name was undoubtedly responsible for the level of traffic to the website, even though this was not in the least bit confusing, any subsequent advantage for Tyler (or indeed detriment to the Ryanair) as a result of the commercial links took Tyler outside the terms of what is permitted under the policy. However, if the commercial links had never appeared on the website then Nominet’s expert would have had no hesitation in finding for Tyler on the basis that he was (and now is) making fair use of the domain name by pointing it to a non commercial website operated solely in criticism of a business.Source: Nominet DRS Decision of Oct. 7, 2010 in Case number D00008527; available for download here>>.

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