Foot Locker Europe BV & Anor v Hardwick [2008] DRS 5871 (10 September 2008)

Foot Locker Europe BV & Anor v Hardwick [2008] DRS 5871 (10 September 2008)

The complainants have established rights in the FOOT LOCKER mark, which is identical to the domain name. The respondent's registration and use of the domain name was found to be abusive, as it prevented the complainants from using the domain for online shopping and was likely acquired with knowledge of the complainants' rights, taking unfair advantage and causing unfair detriment.

Citation
[2008] DRS 5871
Parties
Complainant: Foot Locker Europe BV; Complainant: FL Europe Holdings, Inc.; Respondent: Alan Hardwick
Jurisdiction
United Kingdom
Judgment Date
10 September 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain name to be transferred
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Law Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

Foot Locker Europe BV

Complainant

FL Europe Holdings, Inc.

Complainant

Alan Hardwick

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainants have established rights in the FOOT LOCKER mark, which is identical to the domain name. The respondent's registration and use of the domain name was found to be abusive, as it prevented the complainants from using the domain for online shopping and was likely acquired with knowledge of the complainants' rights, taking unfair advantage and causing unfair detriment.

Court Disposition

Complaint upheld; domain name to be transferred

Orders

  • The domain name footlocker.co.uk is to be transferred to Foot Locker Europe BV.