Babette Wasserman Ltd v Aimpro UK Ltd [2007] DRS 4291 (2 February 2007)

Babette Wasserman Ltd v Aimpro UK Ltd [2007] DRS 4291 (2 February 2007)

The complainant established rights in the name Babette Wasserman through trade mark registration and business use. The respondent's registration and use of the domain names was found to be abusive, as it blocked the complainant's ability to register the names, confused customers, and sought to profit from the complainant's reputation. The respondent's failure to respond allowed adverse inferences to be drawn.

Citation
[2007] DRS 4291
Parties
Complainant: Babette Wasserman Ltd; Respondent: Aimpro UK Ltd
Jurisdiction
United Kingdom
Judgment Date
02 February 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Passing Off Abusive Registration

Case Brief

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Parties

Babette Wasserman Ltd

Complainant

Aimpro UK Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the disputed domain names
  2. 2 Whether the domain names are, in the hands of the respondent, abusive registrations

Ratio Decidendi

The complainant established rights in the name Babette Wasserman through trade mark registration and business use. The respondent's registration and use of the domain names was found to be abusive, as it blocked the complainant's ability to register the names, confused customers, and sought to profit from the complainant's reputation. The respondent's failure to respond allowed adverse inferences to be drawn.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain names babette-wasserman.co.uk and babettewasserman.co.uk to the complainant