RE/MAX International Inc v Balata.com LLC [2005] DRS 2863 (4 November 2005)

RE/MAX International Inc v Balata.com LLC [2005] DRS 2863 (4 November 2005)

The respondent had previously been found to have made abusive registrations in three or more DRS cases within two years, triggering a presumption of abusive registration. The respondent failed to rebut this presumption with credible evidence. The domain name is similar to the complainant's registered trade mark, and the respondent's explanation for registration was not credible. The respondent engaged in a pattern of registering domain names corresponding to well-known trade marks for commercial gain, constituting abusive registration.

Citation
[2005] DRS 2863
Parties
Complainant: RE/MAX International Inc.; Respondent: Balata.com LLC
Jurisdiction
United Kingdom
Judgment Date
04 November 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

RE/MAX International Inc.

Complainant

Balata.com LLC

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 respondent had previously been found to have made abusive registrations in three or more DRS cases within two years, triggering a presumption of abusive registration. The respondent failed to rebut this presumption with credible evidence. The domain name is similar to the complainant's registered trade mark, and the respondent's explanation for registration was not credible. The respondent engaged in a pattern of registering domain names corresponding to well-known trade marks for commercial gain, constituting abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name remax.co.uk is to be transferred to RE/MAX International Inc.