Ellison Education Equipment Inc v Amethyst [2007] DRS 4530 (09 May 2007)

Ellison Education Equipment Inc v Amethyst [2007] DRS 4530 (09 May 2007)

The complainant established rights in the SIZZIX mark, and the respondent's registration and use of the domain name was found to be abusive as it took unfair advantage of and was unfairly detrimental to the complainant's rights by diverting customers and creating confusion.

Source-derived case information.

Citation
[2007] DRS 4530
Parties
Complainant: Ellison Educational Equipment, Inc.; Respondent: Amethyst
Jurisdiction
United Kingdom
Judgment Date
09 May 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trademark Infringement, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Disputes Abusive Registration

Source-derived case record

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 5 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ellison Educational Equipment, Inc.

Complainant

Amethyst

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

Ratio Decidendi

The complainant established rights in the SIZZIX mark, and the respondent's registration and use of the domain name was found to be abusive as it took unfair advantage of and was unfairly detrimental to the complainant's rights by diverting customers and creating confusion.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name sizzixdies.co.uk is to be transferred to the complainant.