Grupo Ferrovial SA v Watson [2007] DRS 4867 (18 November 2007)

Grupo Ferrovial SA v Watson [2007] DRS 4867 (18 November 2007)

The complainant established rights in the FERROVIAL mark and that the domain name was similar. The respondent's use of the domain name was found to take unfair advantage of the complainant's mark and status, being parasitical and potentially damaging to the complainant's goodwill, and not constituting fair use. The respondent's preparations for a criticism or tribute site were not credible or substantiated. The use diluted the exclusivity of the complainant's mark and was not justified by the respondent's stated intentions.

Citation
[2007] DRS 4867
Parties
Complainant: Grupo Ferrovial S. A.; Respondent: Andy Watson
Jurisdiction
United Kingdom
Judgment Date
18 November 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

Grupo Ferrovial S. A.

Complainant

Andy Watson

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in the FERROVIAL 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 FERROVIAL mark and that the domain name was similar. The respondent's use of the domain name was found to take unfair advantage of the complainant's mark and status, being parasitical and potentially damaging to the complainant's goodwill, and not constituting fair use. The respondent's preparations for a criticism or tribute site were not credible or substantiated. The use diluted the exclusivity of the complainant's mark and was not justified by the respondent's stated intentions.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name ferrovialairports.co.uk is to be transferred to Grupo Ferrovial S. A.