Dell Inc v De Luca [2008] DRS 05270 (11 January 2008)

Dell Inc v De Luca [2008] DRS 05270 (11 January 2008)

The complainant demonstrated rights in the DELL mark, and the domain name was registered and used in a manner that took unfair advantage of and was unfairly detrimental to those rights. The respondent's conduct constituted abusive registration under the Policy.

Citation
[2008] DRS 05270
Parties
Complainant: Dell, Inc; Respondent: Daniel De Luca
Jurisdiction
United Kingdom
Judgment Date
11 January 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

Dell, Inc

Complainant

Daniel De Luca

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 complainant demonstrated rights in the DELL mark, and the domain name was registered and used in a manner that took unfair advantage of and was unfairly detrimental to those rights. The respondent's conduct constituted abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name dell-support.co.uk to the complainant