Mercer Human Resource Consulting Inc v IMO International Ltd [2006] DRS 3733 (28 November 2006)

Mercer Human Resource Consulting Inc v IMO International Ltd [2006] DRS 3733 (28 November 2006)

The complainant failed to prove, on the balance of probabilities, that the respondent was aware of the complainant or its rights in the 'MERCER' mark at the time of registration or use of the domain name. Without such knowledge, the registration and use could not be found to be abusive under the DRS Policy.

Citation
[2006] DRS 3733
Parties
Complainant: Mercer Human Resource Consulting Inc.; Respondent/appellant: IMO International Ltd
Jurisdiction
United Kingdom
Judgment Date
28 November 2006
Procedural Posture
Domain Name Dispute (nominet UK Drs) / Appeal Decision
Outcome
Appeal allowed; complaint dismissed
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Names Trade Marks Abusive Registration Passing Off

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Parties

Mercer Human Resource Consulting Inc.

Complainant

IMO International Ltd

Respondent/appellant

Procedural Posture

Domain Name Dispute (nominet UK Drs) / Appeal Decision

Legal Issues

  1. 1 Whether the complainant has rights in the name 'MERCER' identical or similar to the domain name
  2. 2 Whether the domain name registration by the respondent constitutes an abusive registration under the DRS Policy

Ratio Decidendi

The complainant failed to prove, on the balance of probabilities, that the respondent was aware of the complainant or its rights in the 'MERCER' mark at the time of registration or use of the domain name. Without such knowledge, the registration and use could not be found to be abusive under the DRS Policy.

Court Disposition

Appeal allowed; complaint dismissed

Orders

  • No action to be taken in relation to the domain name