Marriott International Inc v Digi Real Estate Foundation [2006] DRS 4127 (18 December 2006)

Marriott International Inc v Digi Real Estate Foundation [2006] DRS 4127 (18 December 2006)

Complainant has substantial goodwill and unregistered rights in the marks; respondent engaged in a pattern of registrations corresponding to well known marks with no apparent rights; registration and use of domain names amounts to abusive registration.

Source-derived case information.

Citation
[2006] DRS 4127
Parties
Complainant: Marriott International Inc; Respondent: Digi Real Estate Foundation
Jurisdiction
United Kingdom
Judgment Date
18 December 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trade Mark Rights, Abusive Registration, Goodwill, Passing Off
Intellectual Property Internet Law Domain Name Registration Trade Mark Rights Abusive Registration Goodwill Passing Off

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Parties

Marriott International Inc

Complainant

Digi Real Estate Foundation

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

  1. 1 Whether the complainant has rights in respect of names or marks identical or similar to the domain names
  2. 2 Whether the domain names in the hands of the respondent are abusive registrations

Ratio Decidendi

Complainant has substantial goodwill and unregistered rights in the marks; respondent engaged in a pattern of registrations corresponding to well known marks with no apparent rights; registration and use of domain names amounts to abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain names marriottrewards.co.uk and marriottcourtyard.co.uk to be transferred to the complainant