Security People Inc v Slatter [2009] DRS 7172 (03 August 2009)

Security People Inc v Slatter [2009] DRS 7172 (03 August 2009)

The complainant owns a registered Community Trade Mark for 'DIGILOCK', which is not generic or in common parlance. The respondent registered and used the domain name 'digilocks.co.uk' with knowledge of the complainant's rights and with the intention to disrupt the complainant's business and divert customers, causing likely confusion. The registration is therefore abusive under the Nominet DRS Policy.

Citation
[2009] DRS 7172
Parties
Complainant: Security People Inc.; Respondent: Adrian Slatter
Jurisdiction
United Kingdom
Judgment Date
03 August 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant.
Legal Topics
Trade Marks, Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Passing Off Abusive Registration

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Parties

Security People Inc.

Complainant

Adrian Slatter

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has enforceable rights in the mark 'DIGILOCK' similar to the domain name 'digilocks.co.uk'
  2. 2 Whether the registration and use of the domain name by the respondent constitutes abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant owns a registered Community Trade Mark for 'DIGILOCK', which is not generic or in common parlance. The respondent registered and used the domain name 'digilocks.co.uk' with knowledge of the complainant's rights and with the intention to disrupt the complainant's business and divert customers, causing likely confusion. The registration is therefore abusive under the Nominet DRS Policy.

Court Disposition

Domain name to be transferred to the complainant.

Orders

  • The domain name 'digilocks.co.uk' is to be transferred to Security People Inc.