Kurt Geiger Ltd v eclark.net [2006] DRS 3269 (10 March 2006)

Kurt Geiger Ltd v eclark.net [2006] DRS 3269 (10 March 2006)

The complainant has established rights in the KURT GEIGER mark, and the respondent's registration and use of the domain name was abusive, taking unfair advantage of the complainant's rights, constituting typo-squatting and a pattern of abusive registrations.

Citation
[2006] DRS 3269
Parties
Complainant: Kurt Geiger Limited; Respondent: eclark.net
Jurisdiction
United Kingdom
Judgment Date
10 March 2006
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Domain name to be transferred to complainant
Legal Topics
Trade Marks, Abusive Registration, Typo Squatting, Goodwill, Passing Off
Intellectual Property Domain Name Law Trade Marks Abusive Registration Typo Squatting Goodwill Passing Off

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Parties

Kurt Geiger Limited

Complainant

eclark.net

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

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 has established rights in the KURT GEIGER mark, and the respondent's registration and use of the domain name was abusive, taking unfair advantage of the complainant's rights, constituting typo-squatting and a pattern of abusive registrations.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name kurtkeiger.co.uk is to be transferred to Kurt Geiger Limited.