Cases

Patel v Allos Therapeutics Inc

Facts

P registered the domain name allostherapeutics.com at which he placed a page stating that the domain name would be used “in time” as “the focal point for people to share their bad experiences” in relation to the services and products of A, a biopharmaceutical company which develops products for the treatment of cancer. A held registered US trade marks for the word 'Allos' and a device incorporating 'Allos Therapeutics, Inc'. A submitted a complaint a complaint in respect of the domain name to the WIPO Arbitration and Mediation Centre under the ICANN Uniform Dispute Resolution Procedure ('UDRP'). A WIPO panel upheld the complaint and ordered that the domain name be transferred to A. P issued proceedings in the UK, complaining that the transfer was a breach of his rights under the Human Rights Act, and alleging, inter alia, defamation, malicious falsehood, harassment and wrongful threats against A. A applied for the claim to be struck out, alternatively summary judgment.

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