General Mills Marketing Inc v Another.com Ltd [2008] DRS 5861 (29 August 2008)

General Mills Marketing Inc v Another.com Ltd [2008] DRS 5861 (29 August 2008)

The complainant demonstrated strong rights in the GREEN GIANT mark, which is identical to the domain name. The respondent registered the domain name with knowledge of the complainant's rights, provided no justification or response, and the registration formed part of a pattern of registering well-known marks for resale. All elements of abusive registration were satisfied.

Citation
[2008] DRS 5861
Parties
Complainant: General Mills Marketing Inc; Respondent: Another.com Limited
Jurisdiction
United Kingdom
Judgment Date
29 August 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Cybersquatting
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration Cybersquatting

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Parties

General Mills Marketing Inc

Complainant

Another.com Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name 'GREEN GIANT' identical or similar to the domain name greengiant.co.uk
  2. 2 Whether the domain name, in the hands of the respondent, is an abusive registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The complainant demonstrated strong rights in the GREEN GIANT mark, which is identical to the domain name. The respondent registered the domain name with knowledge of the complainant's rights, provided no justification or response, and the registration formed part of a pattern of registering well-known marks for resale. All elements of abusive registration were satisfied.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name greengiant.co.uk is to be transferred to General Mills Marketing Inc.