Abel Alarm Company Ltd -v- EDS Alarms [2004] DRS 1616 (10 May 2004)
The complainant has rights in the name Abel Alarms, which is identical to the domain name abelalarms.co.uk. The respondent, a competitor, registered the domain name without justification and failed to respond, supporting an inference of abusive purpose. The registration took unfair advantage of the complainant's rights and is abusive under the policy.
- Citation
- [2004] DRS 1616
- Parties
- Complainant: Abel Alarm Company Limited; Respondent: EDS Alarms
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 May 2004
- Procedural Posture
- Domain Name Dispute / Decision by Independent Expert
- Outcome
- Domain name transfer ordered
- Legal Topics
- Domain Name Registration, Abusive Registration, Trademark Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Abel Alarm Company Limited
Complainant
EDS Alarms
Respondent
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Legal Issues
- 1 Whether the complainant has rights in a name identical or similar to the domain name
- 2 Whether the domain name in the hands of the respondent constitutes an abusive registration
Ratio Decidendi
The complainant has rights in the name Abel Alarms, which is identical to the domain name abelalarms.co.uk. The respondent, a competitor, registered the domain name without justification and failed to respond, supporting an inference of abusive purpose. The registration took unfair advantage of the complainant's rights and is abusive under the policy.
Court Disposition
Domain name transfer ordered
Orders
- The domain name abelalarms.co.uk is to be transferred to Abel Alarm Company Limited.
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