Wal-Mart Stores -v- Power [2003] DRS 1301 (10 October 2003)

Wal-Mart Stores -v- Power [2003] DRS 1301 (10 October 2003)

The domain names are similar to the complainant’s mark and were registered primarily for the purpose of selling to the complainant or a competitor, taking unfair advantage of the complainant’s rights. The registration is abusive under the Policy.

Citation
[2003] DRS 1301
Parties
Complainant: Wal-Mart Stores, Inc.; Respondent: Andre Power
Jurisdiction
United Kingdom
Judgment Date
10 October 2003
Procedural Posture
Domain Name Dispute / Independent Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trademark Infringement, Domain Name Registration, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Registration Abusive Registration

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Parties

Wal-Mart Stores, Inc.

Complainant

Andre Power

Respondent

Procedural Posture

Domain Name Dispute / Independent Expert Determination

Legal Issues

  1. 1 Whether the domain names are similar to the complainant's mark
  2. 2 Whether the registration was abusive under Nominet's Dispute Resolution Policy

Ratio Decidendi

The domain names are similar to the complainant’s mark and were registered primarily for the purpose of selling to the complainant or a competitor, taking unfair advantage of the complainant’s rights. The registration is abusive under the Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain names walmartbank.co.uk and wal-martbank.co.uk are to be transferred to the complainant.