De Brus Marketing Services Ltd v Degrees Of Risk (edusafe.co.uk) [2009] DRS 7539 (14 October 2009)

De Brus Marketing Services Ltd v Degrees Of Risk (edusafe.co.uk) [2009] DRS 7539 (14 October 2009)

The complainant has rights in the Edusafe mark, which is identical to the domain name. The respondent's threatened use of the domain name for similar services is likely to confuse internet users into believing the domain is connected with the complainant, taking unfair advantage of the complainant's rights. The respondent has not made genuine preparations to use the domain name and is not commonly known by it. The domain name is not descriptive or generic. Therefore, the domain name in the respondent's hands is an abusive registration.

Citation
[2009] DRS 7539
Parties
Complainant: De Brus Marketing Services Limited; Respondent: Degrees of Risk
Jurisdiction
United Kingdom
Judgment Date
14 October 2009
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration, Likelihood of Confusion
Intellectual Property Information Technology Domain Name Disputes Trade Mark Rights Abusive Registration Likelihood of Confusion

Case Brief

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Parties

De Brus Marketing Services Limited

Complainant

Degrees of Risk

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / 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 Edusafe mark, which is identical to the domain name. The respondent's threatened use of the domain name for similar services is likely to confuse internet users into believing the domain is connected with the complainant, taking unfair advantage of the complainant's rights. The respondent has not made genuine preparations to use the domain name and is not commonly known by it. The domain name is not descriptive or generic. Therefore, the domain name in the respondent's hands is an abusive registration.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name edusafe.co.uk is to be transferred to De Brus Marketing Services Limited.