Pricerunner AB v Brainfire Group [2007] DRS 5121 (02 December 2007)

Pricerunner AB v Brainfire Group [2007] DRS 5121 (02 December 2007)

The complainant owns a registered trademark identical or similar to the domain name. The respondent has a history of abusive registrations and failed to rebut the presumption of abuse. The domain name was registered in a manner that took unfair advantage of the complainant's rights, constituting abusive registration.

Citation
[2007] DRS 5121
Parties
Complainant: Pricerunner AB; Respondent: Brainfire Group
Jurisdiction
United Kingdom
Judgment Date
02 December 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trademark Infringement, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Disputes Abusive Registration

Case Brief

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Parties

Pricerunner AB

Complainant

Brainfire Group

Respondent

Procedural Posture

Domain Name Dispute / 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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant owns a registered trademark identical or similar to the domain name. The respondent has a history of abusive registrations and failed to rebut the presumption of abuse. The domain name was registered in a manner that took unfair advantage of the complainant's rights, constituting abusive registration.

Court Disposition

Domain name transfer ordered

Orders

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