Homelidays SA v Digi Real Estate Foundation [2007] DRS 4663 (23 July 2007)

Homelidays SA v Digi Real Estate Foundation [2007] DRS 4663 (23 July 2007)

The Complainant has proven rights in the HOMELIDAYS name, and the Respondent's registration and use of homelidays.co.uk constitutes an Abusive Registration under the Policy, supported by evidence of confusion, pattern of cybersquatting, and presumption under Paragraph 3(c).

Citation
[2007] DRS 4663
Parties
Complainant: HOMELIDAYS SA; Respondent: Digi Real Estate Foundation
Jurisdiction
United Kingdom
Judgment Date
23 July 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Registration, Trademark Infringement, Cybersquatting, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Infringement Cybersquatting Abusive Registration

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Parties

HOMELIDAYS SA

Complainant

Digi Real Estate Foundation

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the Complainant has rights in the name or mark identical or similar to the domain name
  2. 2 Whether the domain name homelidays.co.uk is an Abusive Registration under the Nominet UK Dispute Resolution Service Policy

Ratio Decidendi

The Complainant has proven rights in the HOMELIDAYS name, and the Respondent's registration and use of homelidays.co.uk constitutes an Abusive Registration under the Policy, supported by evidence of confusion, pattern of cybersquatting, and presumption under Paragraph 3(c).

Court Disposition

Domain name transfer ordered

Orders

  • homelidays.co.uk to be transferred to the Complainant