Moda In Pelle Ltd v Balata.com LLC [2008] DRS 5540 (24 April 2008)

Moda In Pelle Ltd v Balata.com LLC [2008] DRS 5540 (24 April 2008)

The complainant established rights in the name 'Moda In Pelle' and the domain name is identical or similar. The respondent has been found to have made abusive registrations in at least three DRS cases in the last two years, creating a presumption of abusive registration which was not rebutted. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Citation
[2008] DRS 5540
Parties
Complainant: Moda In Pelle Limited; Respondent: Balata.com LLC
Jurisdiction
United Kingdom
Judgment Date
24 April 2008
Procedural Posture
Nominet UK Dispute Resolution Service / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Trade Marks, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Disputes Trade Marks Abusive Registration Domain Name Transfer

Case Brief

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Parties

Moda In Pelle Limited

Complainant

Balata.com LLC

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service / 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 established rights in the name 'Moda In Pelle' and the domain name is identical or similar. The respondent has been found to have made abusive registrations in at least three DRS cases in the last two years, creating a presumption of abusive registration which was not rebutted. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name modainpelle.co.uk is to be transferred to Moda In Pelle Limited.