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
Summary, issues, holding and outcome
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Parties
Dreaminvest S. A.
Complainant
Andrew Dodd
Respondent
Procedural Posture
Domain Name Dispute / Expert Decision
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 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.
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