Epson Europe BV [2005] DRS 2944 (25 October 2005)

Epson Europe BV [2005] DRS 2944 (25 October 2005)

The Complainant has rights in the EPSON mark, which is similar to the disputed domain names. The Respondent's use of the domain names constitutes an abusive registration as it takes unfair advantage of and is unfairly detrimental to the Complainant's rights by misleading users and appropriating the Complainant's trading style.

Citation
[2005] DRS 2944
Parties
Complainant: Epson Europe BV for and on behalf of Seiko Epson Corporation; Respondent: 1stopink.com
Jurisdiction
United Kingdom
Judgment Date
25 October 2005
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Decision of Independent Expert
Outcome
Complaint upheld; domain names to be transferred to the Complainant.
Legal Topics
Trademark Infringement, Abusive Registration, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Disputes Trademark Infringement Abusive Registration Passing Off Domain Name Transfer

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Parties

Epson Europe BV for and on behalf of Seiko Epson Corporation

Complainant

1stopink.com

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Decision of Independent Expert

Legal Issues

  1. 1 Whether the Complainant has rights in a name or mark identical or similar to the domain names
  2. 2 Whether the domain names constitute abusive registrations in the hands of the Respondent

Ratio Decidendi

The Complainant has rights in the EPSON mark, which is similar to the disputed domain names. The Respondent's use of the domain names constitutes an abusive registration as it takes unfair advantage of and is unfairly detrimental to the Complainant's rights by misleading users and appropriating the Complainant's trading style.

Court Disposition

Complaint upheld; domain names to be transferred to the Complainant.

Orders

  • The domain names epson-c44.co.uk, epson-c64.co.uk, and epson-c84.co.uk are to be transferred to Seiko Epson Corporation.