Dell, Inc v Djamel [2008] DRS 6242 (28 July 2008)

Dell, Inc v Djamel [2008] DRS 6242 (28 July 2008)

The complainant established trademark rights in DELL and that the domain name is similar. The respondent's use of the domain name created confusion and took unfair advantage of the complainant's goodwill. The respondent provided false contact details. The domain name is an abusive registration and should be transferred to the complainant.

Citation
[2008] DRS 6242
Parties
Complainant: Dell, Inc.; Respondent: Djamel
Jurisdiction
United Kingdom
Judgment Date
28 July 2008
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Decision of Independent Expert
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Trade Marks, Abusive Registration, Passing Off, Internet Law
Intellectual Property Domain Name Dispute Trade Marks Abusive Registration Passing Off Internet Law

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Parties

Dell, Inc.

Complainant

Djamel

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / 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 trademark rights in DELL and that the domain name is similar. The respondent's use of the domain name created confusion and took unfair advantage of the complainant's goodwill. The respondent provided false contact details. The domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name is to be transferred to Dell, Inc.