Deutsche Telekom AG v Ardwell Services Ltd [2008] DRS 5880 (4 October 2008)

The complainant established rights in the T-MOBILE and MY T-MOBILE marks, and the respondent's registration and use of the domain names was found to be abusive under Nominet's DRS Policy due to confusion and a pattern of registrations corresponding to well-known marks.

Source-derived case information.

Citation: [2008] DRS 5880
Parties: Complainant: Deutsche Telekom AG; Respondent: Ardwell Services Limited
Jurisdiction: United Kingdom
Judgment Date: 04 October 2008
Procedural Posture: Domain Name Dispute / Expert Determination
Outcome: Complaint upheld; domain names to be transferred.
Legal Topics: Domain Name Disputes, Trademark Infringement, Abusive Registration

Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Abusive Registration

Source-derived case record

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Parties

Deutsche Telekom AG

Complainant

Ardwell Services Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

1 Whether the complainant has rights in a name or mark identical or similar to the domain names
2 Whether the domain names constitute abusive registration under Nominet's DRS Policy

Ratio Decidendi

Court Disposition

Complaint upheld; domain names to be transferred.

Orders

Transfer of domain names mytmobil.co.uk and mytmoblie.co.uk to the complainant.

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