SLE (Service aux Loteries en Europe) v 4Names Ltd [2008] DRS 5568 (2 June 2008)

SLE (Service aux Loteries en Europe) v 4Names Ltd [2008] DRS 5568 (2 June 2008)

The complainant established rights in the EUROMILLIONS mark, and the domain names are similar to that mark. The respondent acquired and used the domain names to take unfair advantage of the complainant's goodwill and reputation, with no legitimate reason or response provided. This constitutes abusive registration under the Policy.

Citation
[2008] DRS 5568
Parties
Complainant: SLE (Service aux Loteries en Europe); Respondent: 4Names Limited
Jurisdiction
United Kingdom
Judgment Date
02 June 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld; domain names to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration Passing Off

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Parties

SLE (Service aux Loteries en Europe)

Complainant

4Names Limited

Respondent

Procedural Posture

Domain Name Dispute / 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 an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the EUROMILLIONS mark, and the domain names are similar to that mark. The respondent acquired and used the domain names to take unfair advantage of the complainant's goodwill and reputation, with no legitimate reason or response provided. This constitutes abusive registration under the Policy.

Court Disposition

Complaint upheld; domain names to be transferred to complainant.

Orders

  • The domain names euromillion.co.uk and euro-million.co.uk are to be transferred to SLE (Service aux Loteries en Europe).