Jack Daniels Properties Inc v Dale Stirling [2007] DRS 4373 (20 March 2007)

The complainant established rights in the JACK DANIEL'S mark, the domain name is identical or similar, and the respondent's registration and use were abusive, including offering the domain for sale and seeking click-through revenue by trading off the complainant's goodwill.

Citation: [2007] DRS 4373
Parties: Complainant: Jack Daniels Properties, Inc.; Respondent: Dale Stirling
Jurisdiction: United Kingdom
Judgment Date: 20 March 2007
Procedural Posture: Nominet UK Dispute Resolution Service Complaint / Decision of Independent Expert
Outcome: Complaint upheld; domain name to be transferred to complainant's parent company.
Legal Topics: Trade Marks, Abusive Registration, Domain Name Transfer

Intellectual Property Domain Name Disputes Trade Marks Abusive Registration Domain Name Transfer

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Jack Daniels Properties, Inc.

Complainant

Dale Stirling

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Decision of Independent Expert

Legal Issues

1 Whether the complainant has rights in a name or mark identical or similar to the domain name
2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

Court Disposition

Complaint upheld; domain name to be transferred to complainant's parent company.

Orders

Transfer of the domain name to Brown-Forman Corporation (BFC), the complainant's parent company.