Bulmers Ltd v WM Magner Ltd [2008] DRS 5779 (1 August 2008)

Bulmers Ltd v WM Magner Ltd [2008] DRS 5779 (1 August 2008)

The complainant has rights in the mark MAGNERS, which is similar to the domain name magnerscider.co.uk. The respondent's use of the domain name is likely to confuse people into believing it is connected with the complainant and takes unfair advantage of the complainant's rights. The respondent has no legitimate interest in the domain name and has used it for abusive purposes. Therefore, the domain name constitutes an abusive registration and should be transferred to the complainant.

Citation
[2008] DRS 5779
Parties
Complainant: Bulmers Limited; Complainant: Wm. Magner Limited; Respondent: Easy Domain Connect Ltd.
Jurisdiction
United Kingdom
Judgment Date
01 August 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement Abusive Registration

Case Brief

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Parties

Bulmers Limited

Complainant

Wm. Magner Limited

Complainant

Easy Domain Connect Ltd.

Respondent

Procedural Posture

Domain Name Dispute / 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 in issue
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has rights in the mark MAGNERS, which is similar to the domain name magnerscider.co.uk. The respondent's use of the domain name is likely to confuse people into believing it is connected with the complainant and takes unfair advantage of the complainant's rights. The respondent has no legitimate interest in the domain name and has used it for abusive purposes. Therefore, the domain name constitutes an abusive registration and should be transferred to the complainant.

Court Disposition

complaint upheld

Orders

  • The domain name magnerscider.co.uk is to be transferred to the lead complainant, Bulmers Limited.