Normalu SA v Stretch Ceilings (UK) Ltd. [2009] DRS 6995 (12 November 2009)

Normalu SA v Stretch Ceilings (UK) Ltd. [2009] DRS 6995 (12 November 2009)

The respondent's continued use and renewal of the domain name after termination of the distributorship agreement, in a manner likely to attract new customers and divert business from the complainant, rendered the domain name an abusive registration. The respondent had no continuing right to use the complainant's trade mark in this way after the agreement ended.

Citation
[2009] DRS 6995
Parties
Complainant: Normalu S. A.; Respondent/appellant: Stretch Ceilings (U. K.) Limited
Jurisdiction
United Kingdom
Judgment Date
12 November 2009
Procedural Posture
Domain Name Dispute Appeal / Appeal Decision
Outcome
Appeal dismissed; domain name to be transferred to complainant.
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration, Distributor Agreements
Intellectual Property Domain Name Law Trade Marks Domain Name Disputes Abusive Registration Distributor Agreements

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Parties

Normalu S. A.

Complainant

Stretch Ceilings (U. K.) Limited

Respondent/appellant

Procedural Posture

Domain Name Dispute Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the respondent's continued use and renewal of the domain name barrisol.co.uk after termination of the distributorship agreement constituted abusive registration under the Nominet DRS Policy.
  2. 2 Whether the respondent had any continuing rights to use the domain name after termination of the agreement.

Ratio Decidendi

The respondent's continued use and renewal of the domain name after termination of the distributorship agreement, in a manner likely to attract new customers and divert business from the complainant, rendered the domain name an abusive registration. The respondent had no continuing right to use the complainant's trade mark in this way after the agreement ended.

Court Disposition

Appeal dismissed; domain name to be transferred to complainant.

Orders

  • The domain name barrisol.co.uk is to be transferred to Normalu S. A.