Mattel Inc v Domain Administration Ltd [2007] DRS 4293 (2 February 2007)

Mattel Inc v Domain Administration Ltd [2007] DRS 4293 (2 February 2007)

The complainant owns rights in the FISHER-PRICE mark, the domain name is confusingly similar, and the respondent's registration and use form part of a pattern of abusive registrations targeting well-known brands, amounting to abusive registration under the Policy.

Citation
[2007] DRS 4293
Parties
Complainant: Mattel, Inc.; Respondent: Domain Administration Limited
Jurisdiction
United Kingdom
Judgment Date
02 February 2007
Procedural Posture
Nominet UK Dispute Resolution Service Complaint / Expert Decision
Outcome
Complaint upheld
Legal Topics
Trade Marks, Passing Off, Abusive Registration, Cybersquatting
Intellectual Property Domain Name Disputes Trade Marks Passing Off Abusive Registration Cybersquatting

Case Brief

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Parties

Mattel, Inc.

Complainant

Domain Administration Limited

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service Complaint / Expert Decision

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 owns rights in the FISHER-PRICE mark, the domain name is confusingly similar, and the respondent's registration and use form part of a pattern of abusive registrations targeting well-known brands, amounting to abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name fisherpice.co.uk to the complainant