Dreaminvest SA v Dodd [2006] DRS 3435 (31 March 2006)

Dreaminvest SA v Dodd [2006] DRS 3435 (31 March 2006)

The complainant established rights in the 'resto' mark and demonstrated that the respondent's registration of the domain name was abusive, as there was no legitimate reason for the respondent's registration and use, and the registration was likely to cause confusion and block the complainant's business expansion.

Citation
[2006] DRS 3435
Parties
Complainant: Dreaminvest S. A.; Respondent: Andrew Dodd
Jurisdiction
United Kingdom
Judgment Date
31 March 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Abusive Registration, Trade Mark Rights, Domain Name Transfer

Case Brief

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Parties

Dreaminvest S. A.

Complainant

Andrew Dodd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

  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 'resto' mark and demonstrated that the respondent's registration of the domain name was abusive, as there was no legitimate reason for the respondent's registration and use, and the registration was likely to cause confusion and block the complainant's business expansion.

Court Disposition

Domain name transfer ordered

Orders

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