Enterprise Rent-a-Car Company v domain names [2007] DRS 4382 (19 March 2007)

Enterprise Rent-a-Car Company v domain names [2007] DRS 4382 (19 March 2007)

The complainant owns rights in the ENTERPRISE mark for vehicle rental services, and the domain name wwwenterprise.co.uk is sufficiently similar to that mark. The respondent's use of the domain name constitutes abusive registration as it takes unfair advantage of and is unfairly detrimental to the complainant's...

Source-derived case information.

Citation
[2007] DRS 4382
Parties
Complainant: Enterprise Rent-a-Car Company; Respondent: domain names
Jurisdiction
United Kingdom
Judgment Date
19 March 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trademark Infringement, Domain Name Disputes, Abusive Registration, Typo Squatting
Intellectual Property Internet Law Trademark Infringement Domain Name Disputes Abusive Registration Typo Squatting

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Parties

Enterprise Rent-a-Car Company

Complainant

domain names

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 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 ENTERPRISE mark for vehicle rental services, and the domain name wwwenterprise.co.uk is sufficiently similar to that mark. The respondent's use of the domain name constitutes abusive registration as it takes unfair advantage of and is unfairly detrimental to the complainant's rights by exploiting typo-squatting for commercial gain and potentially diverting customers to competitors.

Court Disposition

Complaint upheld

Orders

  • The domain name wwwenterprise.co.uk is to be transferred to the complainant.