Eli Lilly & Company -v- Clayton [2001] DRS 1 (15 November 2001)

Eli Lilly & Company -v- Clayton [2001] DRS 1 (15 November 2001)

The complainant established rights in the XIGRIS trade mark, which is identical to the domain name. The respondent, having recently worked for the complainant and with no justification for registering the domain name, took unfair advantage of the complainant's rights. The respondent's failure to respond left the prima facie case unrebutted. The domain name is an abusive registration and should be transferred.

Citation
[2001] DRS 1
Parties
Complainant: Eli Lilly and Company; Respondent: David Clayton
Jurisdiction
United Kingdom
Judgment Date
15 November 2001
Procedural Posture
Domain Name Dispute / Expert Determination
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

Eli Lilly and Company

Complainant

David Clayton

Respondent

Procedural Posture

Domain Name Dispute / 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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the XIGRIS trade mark, which is identical to the domain name. The respondent, having recently worked for the complainant and with no justification for registering the domain name, took unfair advantage of the complainant's rights. The respondent's failure to respond left the prima facie case unrebutted. The domain name is an abusive registration and should be transferred.

Court Disposition

Complaint upheld

Orders

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