Santa Monica Airlines Ltd v Allan [2006] DRS 3938 (11 October 2006)

Santa Monica Airlines Ltd v Allan [2006] DRS 3938 (11 October 2006)

The Complainant has established rights in the 'Apollo Duck' mark, and the Respondent's registration and use of nearly identical domain names caused actual confusion and unfairly took advantage of the Complainant's rights, constituting abusive registration.

Citation
[2006] DRS 3938
Parties
Complainant: Santa Monica Airlines Ltd; Respondent: David Allan
Jurisdiction
United Kingdom
Judgment Date
11 October 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Trademark Infringement, Abusive Registration, Typo Squatting
Intellectual Property Internet Law Trademark Infringement Abusive Registration Typo Squatting

Case Brief

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Parties

Santa Monica Airlines Ltd

Complainant

David Allan

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 disputed domain names
  2. 2 Whether the domain names in the hands of the Respondent constitute abusive registration

Ratio Decidendi

The Complainant has established rights in the 'Apollo Duck' mark, and the Respondent's registration and use of nearly identical domain names caused actual confusion and unfairly took advantage of the Complainant's rights, constituting abusive registration.

Court Disposition

Complaint upheld

Orders

  • The disputed domain names appolloduck.co.uk and appoloduck.co.uk are to be transferred to the Complainant.