Tarmac Ltd v Herman [2008] DRS 5514 (1 May 2008)

Tarmac Ltd v Herman [2008] DRS 5514 (1 May 2008)

The complainant has rights in the TARMAC mark, which is similar to the domain name. The respondent's use of the domain name is abusive, taking unfair advantage of and being unfairly detrimental to the complainant's rights, particularly by associating the mark with adult content and the word 'terrorist'. No legitimate interest or innocent explanation was advanced by the respondent.

Citation
[2008] DRS 5514
Parties
Complainant: Tarmac Ltd; Respondent: Dariusz Herman
Jurisdiction
United Kingdom
Judgment Date
01 May 2008
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trade Marks, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Disputes Trade Marks Abusive Registration Domain Name Transfer

Case Brief

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Parties

Tarmac Ltd

Complainant

Dariusz Herman

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Determination

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 has rights in the TARMAC mark, which is similar to the domain name. The respondent's use of the domain name is abusive, taking unfair advantage of and being unfairly detrimental to the complainant's rights, particularly by associating the mark with adult content and the word 'terrorist'. No legitimate interest or innocent explanation was advanced by the respondent.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name tarmacterrorist.co.uk is to be transferred to the complainant.