Expedia, Inc v Bluestone Ventures Pty Ltd [2009] DRS 6524 (13 January 2009)

Expedia, Inc v Bluestone Ventures Pty Ltd [2009] DRS 6524 (13 January 2009)

The complainant established rights in the EXPEDIA mark and demonstrated that the respondent registered and used materially similar domain names in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.

Citation
[2009] DRS 6524
Parties
Complainant: Expedia, Inc; Respondent: Bluestone Ventures Pty Ltd
Jurisdiction
United Kingdom
Judgment Date
13 January 2009
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain names to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

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Parties

Expedia, Inc

Complainant

Bluestone Ventures Pty Ltd

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 names
  2. 2 Whether the domain names constitute abusive registrations in the hands of the respondent

Ratio Decidendi

The complainant established rights in the EXPEDIA mark and demonstrated that the respondent registered and used materially similar domain names in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.

Court Disposition

Complaint upheld; domain names to be transferred to complainant.

Orders

  • The domain names expedi.co.uk, expedai.co.uk, expdeia.co.uk, exedia.co.uk, exepdia.co.uk, expediaa.co.uk are to be transferred to Expedia, Inc.