Childcare Corporation Plc v Brainfire Group [2007] DRS 5063 (2 November 2007)

Childcare Corporation Plc v Brainfire Group [2007] DRS 5063 (2 November 2007)

The complainant established rights in the 'Kiddi Caru' mark, and the domain name is identical or similar. The respondent's history of abusive registrations and lack of response support the presumption of abusive registration. The complainant is entitled to relief under the DRS Policy.

Citation
[2007] DRS 5063
Parties
Complainant: Childcare Corporation Plc; Respondent: Brainfire Group
Jurisdiction
United Kingdom
Judgment Date
02 November 2007
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transferred to complainant
Legal Topics
Trademark Infringement, Domain Name Dispute, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Dispute Abusive Registration

Case Brief

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Parties

Childcare Corporation Plc

Complainant

Brainfire Group

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the 'Kiddi Caru' mark, and the domain name is identical or similar. The respondent's history of abusive registrations and lack of response support the presumption of abusive registration. The complainant is entitled to relief under the DRS Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name 'kiddicaru.co.uk' is to be transferred from the respondent to the complainant.