Kodak Ltd -v- Robertson [2003] DRS 956 (6 June 2003)

Kodak Ltd -v- Robertson [2003] DRS 956 (6 June 2003)

The domain name is identical to the complainant's trade mark and was registered as a blocking registration with no legitimate purpose, taking unfair advantage of the complainant's rights; the registration is abusive.

Citation
[2003] DRS 956
Parties
Complainant: Kodak Limited; Respondent: Brian Robertson
Jurisdiction
United Kingdom
Judgment Date
06 June 2003
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trade Mark Infringement Passing Off Abusive Registration

Case Brief

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Parties

Kodak Limited

Complainant

Brian Robertson

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 domain name is identical to the complainant's trade mark and was registered as a blocking registration with no legitimate purpose, taking unfair advantage of the complainant's rights; the registration is abusive.

Court Disposition

Complaint upheld

Orders

  • Domain name <kodapost.co.uk> to be transferred to the complainant