Chiesi v BRANDCONCERN BV (chiesi.co.uk) [2009] DRS 7599 (15 October 2009)

Chiesi v BRANDCONCERN BV (chiesi.co.uk) [2009] DRS 7599 (15 October 2009)

The complainant failed to establish, on the balance of probabilities, that the respondent had knowledge of the complainant's rights or intent to interfere with them at the time of registration; therefore, the domain name is not an abusive registration under the DRS Policy.

Citation
[2009] DRS 7599
Parties
Complainant: Chiesi Farmaceutica SpA; Respondent: Brandconcern BV
Jurisdiction
United Kingdom
Judgment Date
15 October 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Domain Name Registration, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Marks Abusive Registration

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Parties

Chiesi Farmaceutica SpA

Complainant

Brandconcern BV

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the respondent registered the domain name chiesi.co.uk as an abusive registration under the DRS Policy
  2. 2 Whether the respondent had knowledge of the complainant's rights at the time of registration
  3. 3 Whether the respondent's conduct constituted bad faith

Ratio Decidendi

The complainant failed to establish, on the balance of probabilities, that the respondent had knowledge of the complainant's rights or intent to interfere with them at the time of registration; therefore, the domain name is not an abusive registration under the DRS Policy.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken on the domain name chiesi.co.uk