New Lifestyle Co Ltd -v- Africa Xtreme [2003] DRS 972 (3 July 2003)

New Lifestyle Co Ltd -v- Africa Xtreme [2003] DRS 972 (3 July 2003)

Complainant has established rights in the SureSlim name through trading activity and reputation, and Respondent's registration of the domain name constitutes a blocking registration, amounting to abusive registration under the Policy.

Citation
[2003] DRS 972
Parties
Complainant: The New LifeStyle Co Ltd trading as SureSlim UK; Respondent: Africa xtreme
Jurisdiction
United Kingdom
Judgment Date
03 July 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to Complainant
Legal Topics
Domain Name Registration, Trademark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Passing Off Abusive Registration

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Parties

The New LifeStyle Co Ltd trading as SureSlim UK

Complainant

Africa xtreme

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the Complainant has rights in respect of a name or mark identical or similar to the Domain Name
  2. 2 Whether the Domain Name is an abusive registration

Ratio Decidendi

Complainant has established rights in the SureSlim name through trading activity and reputation, and Respondent's registration of the domain name constitutes a blocking registration, amounting to abusive registration under the Policy.

Court Disposition

Domain name transferred to Complainant

Orders

  • Domain name sureslim.co.uk to be transferred to The New LifeStyle Co Ltd trading as SureSlim UK