Morgan Stanley v Digi Real Estate Foundation [2005] DRS 03054 (29 November 2005)

Morgan Stanley v Digi Real Estate Foundation [2005] DRS 03054 (29 November 2005)

The complainant established rights in the MORGAN STANLEY mark and demonstrated that the domain names are confusingly similar misspellings registered and used by the respondent as part of a pattern of abusive registrations, with the intent to disrupt the complainant's business and cause confusion, satisfying the requirements for transfer under the DRS Policy.

Citation
[2005] DRS 03054
Parties
Complainant: Morgan Stanley; Respondent: Digi Real Estate Foundation
Jurisdiction
United Kingdom
Judgment Date
29 November 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain names to be transferred to complainant.
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Typo Squatting
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration Typo Squatting

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Parties

Morgan Stanley

Complainant

Digi Real Estate Foundation

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 names.
  2. 2 Whether the domain names, in the hands of the respondent, constitute abusive registrations.

Ratio Decidendi

The complainant established rights in the MORGAN STANLEY mark and demonstrated that the domain names are confusingly similar misspellings registered and used by the respondent as part of a pattern of abusive registrations, with the intent to disrupt the complainant's business and cause confusion, satisfying the requirements for transfer under the DRS Policy.

Court Disposition

Complaint upheld; domain names to be transferred to complainant.

Orders

  • Transfer of morgenstanley.co.uk and moganstanley.co.uk to Morgan Stanley.