Klein-Becker USA LLC v Domain Names [2006] DRS 3690 (8 July 2006)

Klein-Becker USA LLC v Domain Names [2006] DRS 3690 (8 July 2006)

The complainants have rights in the marks STRIVECTIN and STRIVECTIN-SD, and the domain name is identical to those marks. The respondent's registration and use of the domain name, including offering it for sale for $100,000, redirecting to competing products, and preventing the complainants from registering it, constitute abusive registration under the Policy.

Citation
[2006] DRS 3690
Parties
First Complainant: Klein-Becker USA LLC; Second Complainant: Klein-Becker IP Holdings LLC; Respondent: Domain Names
Jurisdiction
United Kingdom
Judgment Date
08 July 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainants
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

Klein-Becker USA LLC

First Complainant

Klein-Becker IP Holdings LLC

Second Complainant

Domain Names

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The complainants have rights in the marks STRIVECTIN and STRIVECTIN-SD, and the domain name is identical to those marks. The respondent's registration and use of the domain name, including offering it for sale for $100,000, redirecting to competing products, and preventing the complainants from registering it, constitute abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainants

Orders

  • The domain name strivectin.co.uk is to be transferred to one of the complainants.