Alienware Corporation v Bibbs [2008] DRS 5781 (4 August 2008)

Alienware Corporation v Bibbs [2008] DRS 5781 (4 August 2008)

The complainant has rights in the ALIENWARE mark, which is identical or similar to the disputed domain name. The respondent's use of the domain name, including pointing it to a Commission Junction affiliate page, likely caused confusion and took unfair advantage of the complainant's rights. On the balance of probabilities, the domain name in the hands of the respondent is an abusive registration under Nominet DRS Policy 3(a)(ii).

Citation
[2008] DRS 5781
Parties
Complainant: Alienware Corporation; Respondent: Anthony Bibbs
Jurisdiction
United Kingdom
Judgment Date
04 August 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration, Passing Off, Typosquatting
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration Passing Off Typosquatting

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Parties

Alienware Corporation

Complainant

Anthony Bibbs

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  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 has rights in the ALIENWARE mark, which is identical or similar to the disputed domain name. The respondent's use of the domain name, including pointing it to a Commission Junction affiliate page, likely caused confusion and took unfair advantage of the complainant's rights. On the balance of probabilities, the domain name in the hands of the respondent is an abusive registration under Nominet DRS Policy 3(a)(ii).

Court Disposition

Domain name transfer ordered

Orders

  • The domain name 'alienwarei.co.uk' is to be transferred to the complainant.