Dalau Ltd v McAllister [2005] DRS 3044 (29 November 2005)

Dalau Ltd v McAllister [2005] DRS 3044 (29 November 2005)

The complainant established rights in the DALAU mark and the respondent registered the domain name as part of a course of conduct to pressure the complainant for payment, block legitimate use, and disrupt business. The respondent's use was not genuine, legitimate, or fair. The registration was abusive and in bad faith.

Citation
[2005] DRS 3044
Parties
Complainant: Dalau Limited; Respondent: Edward McAllister
Jurisdiction
United Kingdom
Judgment Date
29 November 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Bad Faith Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration Bad Faith Registration

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Parties

Dalau Limited

Complainant

Edward McAllister

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
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the DALAU mark and the respondent registered the domain name as part of a course of conduct to pressure the complainant for payment, block legitimate use, and disrupt business. The respondent's use was not genuine, legitimate, or fair. The registration was abusive and in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant