Dermalogica Inc -v- Nall [2003] DRS 1211 (27 October 2003)

Dermalogica Inc -v- Nall [2003] DRS 1211 (27 October 2003)

The respondent registered the domain name primarily for the purpose of selling it to the complainants for valuable consideration in excess of out-of-pocket costs, which constitutes abusive registration under the Nominet DRS Policy. The domain name is similar to the complainants' mark, and the registration was unfairly detrimental to the complainants' rights.

Citation
[2003] DRS 1211
Parties
Complainants: Dermalogica Inc and International Dermal Institute Inc; Respondent: Christopher Nall
Jurisdiction
United Kingdom
Judgment Date
27 October 2003
Procedural Posture
Domain Name Dispute (nominet Drs) / Decision of Independent Expert
Outcome
Complaint upheld; domain name to be transferred to complainants.
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration, Cybersquatting
Intellectual Property Internet Law Trade Marks Domain Name Disputes Abusive Registration Cybersquatting

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Parties

Dermalogica Inc and International Dermal Institute Inc

Complainants

Christopher Nall

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark similar to the domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The respondent registered the domain name primarily for the purpose of selling it to the complainants for valuable consideration in excess of out-of-pocket costs, which constitutes abusive registration under the Nominet DRS Policy. The domain name is similar to the complainants' mark, and the registration was unfairly detrimental to the complainants' rights.

Court Disposition

Complaint upheld; domain name to be transferred to complainants.

Orders

  • The domain name dermalogicamailorder.co.uk is to be transferred to the complainants.