Playboy Enterprises International, Inc v DPS Distribution [2008] DRS 5639 (11 June 2008)

Playboy Enterprises International, Inc v DPS Distribution [2008] DRS 5639 (11 June 2008)

The complainant has established rights in the PLAYBOY mark, which is similar to the disputed domain name. The respondent's registration and use of the domain name takes unfair advantage of and is unfairly detrimental to the complainant's rights, constituting an abusive registration under the DRS Policy.

Citation
[2008] DRS 5639
Parties
Complainant: Playboy Enterprises International, Inc.; Respondent: DPS Distribution
Jurisdiction
United Kingdom
Judgment Date
11 June 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Playboy Enterprises International, Inc.

Complainant

DPS Distribution

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has established rights in the PLAYBOY mark, which is similar to the disputed domain name. The respondent's registration and use of the domain name takes unfair advantage of and is unfairly detrimental to the complainant's rights, constituting an abusive registration under the DRS Policy.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name should be transferred to the complainant.