Wagamama Ltd v BALATA.COM LLC [2005] DRS 02370 (7 April 2005)

Wagamama Ltd v BALATA.COM LLC [2005] DRS 02370 (7 April 2005)

The complainant has rights in the name WAGAMAMA, which is identical or similar to the domain name. The respondent registered and used the domain name in a manner that is an abusive registration, primarily as a blocking registration and to unfairly disrupt the complainant's business, and is likely to cause confusion.

Citation
[2005] DRS 02370
Parties
Complainant: Wagamama Limited; Respondent: BALATA. COM LLC
Jurisdiction
United Kingdom
Judgment Date
07 April 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

Wagamama Limited

Complainant

BALATA. COM LLC

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has rights in the name WAGAMAMA, which is identical or similar to the domain name. The respondent registered and used the domain name in a manner that is an abusive registration, primarily as a blocking registration and to unfairly disrupt the complainant's business, and is likely to cause confusion.

Court Disposition

Domain name transfer ordered

Orders

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