Npower Ltd v Balata.com LLC [2008] DRS 6085 (4 October 2008)

Npower Ltd v Balata.com LLC [2008] DRS 6085 (4 October 2008)

The complainant demonstrated rights in a name or mark identical or similar to the domain name and proved the registration was abusive, justifying transfer.

Citation
[2008] DRS 6085
Parties
Complainant: Npower Limited; Respondent: Balata.com LLC
Jurisdiction
United Kingdom
Judgment Date
04 October 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Npower Limited

Complainant

Balata.com LLC

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 is an abusive registration

Ratio Decidendi

The complainant demonstrated rights in a name or mark identical or similar to the domain name and proved the registration was abusive, justifying transfer.

Court Disposition

Domain name transferred to complainant

Orders

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