Harrods Ltd v Fayed [2009] DRS 6783 (23 March 2009)

Harrods Ltd v Fayed [2009] DRS 6783 (23 March 2009)

The expert found, on the balance of probabilities, that the complainant had rights in names similar to the domain name and that the respondent was a false identity created to frustrate the complainant's rights. The domain was used to exploit the complainant's goodwill and reputation for financial gain and to post grossly offensive content, constituting abusive registration.

Citation
[2009] DRS 6783
Parties
Complainant: Harrods Limited; Respondent: Ahmed Fayed
Jurisdiction
United Kingdom
Judgment Date
23 March 2009
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Decision
Outcome
Domain name to be transferred to the complainant.
Legal Topics
Abusive Registration, Trade Mark Rights, Domain Name Transfer
Intellectual Property Domain Name Disputes Abusive Registration Trade Mark Rights Domain Name Transfer

Case Brief

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Parties

Harrods Limited

Complainant

Ahmed Fayed

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration under the Nominet Policy

Ratio Decidendi

The expert found, on the balance of probabilities, that the complainant had rights in names similar to the domain name and that the respondent was a false identity created to frustrate the complainant's rights. The domain was used to exploit the complainant's goodwill and reputation for financial gain and to post grossly offensive content, constituting abusive registration.

Court Disposition

Domain name to be transferred to the complainant.

Orders

  • Transfer of the domain name fayed.co.uk to Harrods Limited.