Six Continents Hotels Inc (trading as InterContinental Hotels Group) v EDOCO LTD [2010] DRS 8824 (27 August 2010)

Six Continents Hotels Inc (trading as InterContinental Hotels Group) v EDOCO LTD [2010] DRS 8824 (27 August 2010)

The complainant demonstrated substantial rights in the mark 'HOLIDAY INN EXPRESS'. The respondent registered a domain name identical to this mark and used it to link to competing services, with a history of similar adverse findings. The respondent did not rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Citation
[2010] DRS 8824
Parties
Complainant: Six Continents Hotels, Inc.; Respondent: EDOCO LTD.
Jurisdiction
United Kingdom
Judgment Date
27 August 2010
Procedural Posture
Nominet DRS Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to the complainant
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration
Intellectual Property Domain Name Law Trade Marks Domain Name Disputes Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Six Continents Hotels, Inc.

Complainant

EDOCO LTD.

Respondent

Procedural Posture

Nominet DRS Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant owns rights in the mark 'HOLIDAY INN EXPRESS' identical to the disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant demonstrated substantial rights in the mark 'HOLIDAY INN EXPRESS'. The respondent registered a domain name identical to this mark and used it to link to competing services, with a history of similar adverse findings. The respondent did not rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • Transfer of the domain name holidayinnexpress.co.uk to Six Continents Hotels, Inc.