"Keramag" Keramische Werke AG v Designer Bathrooms [2004] DRS 1440 (16 February 2004)

"Keramag" Keramische Werke AG v Designer Bathrooms [2004] DRS 1440 (16 February 2004)

The complainant established rights in the KERAMAG mark, which is identical to the domain name. The respondent's use of the domain name to redirect to its own site selling similar goods is likely to confuse or divert customers, taking unfair advantage of the complainant's rights. The respondent's conduct forms part of a pattern of abusive registrations. The domain name is therefore an abusive registration and should be transferred.

Citation
[2004] DRS 1440
Parties
Complainant: Keramag Keramische Werke AG; Respondent: Designer Bathrooms
Jurisdiction
United Kingdom
Judgment Date
16 February 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

Keramag Keramische Werke AG

Complainant

Designer Bathrooms

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 established rights in the KERAMAG mark, which is identical to the domain name. The respondent's use of the domain name to redirect to its own site selling similar goods is likely to confuse or divert customers, taking unfair advantage of the complainant's rights. The respondent's conduct forms part of a pattern of abusive registrations. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

complaint upheld

Orders

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