Netezza v Airpaid Ltd [2005] DRS 02475 (01 May 2005)

Netezza v Airpaid Ltd [2005] DRS 02475 (01 May 2005)

The complainant established rights in the name NETEZZA, which is identical to the disputed domain name. The respondent provided no credible explanation for registration. The distinctive nature of the name and lack of legitimate use by the respondent led to the finding that the registration was abusive.

Citation
[2005] DRS 02475
Parties
Complainant: Netezza Corporation; Respondent: Airpaid Ltd
Jurisdiction
United Kingdom
Judgment Date
01 May 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Netezza Corporation

Complainant

Airpaid 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 name
  2. 2 Whether the disputed domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the name NETEZZA, which is identical to the disputed domain name. The respondent provided no credible explanation for registration. The distinctive nature of the name and lack of legitimate use by the respondent led to the finding that the registration was abusive.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • Transfer of netezza.co.uk to Netezza Corporation