Hairmarker LLC/Colormetrics LLC v Element Design Studio [2008] DRS 5200 (21 January 2008)

Hairmarker LLC/Colormetrics LLC v Element Design Studio [2008] DRS 5200 (21 January 2008)

The complainant demonstrated rights in the COLOR MARK mark via a Community Trademark Registration. The respondent, acting as agent for Focalserve, used the domain names in a manner likely to confuse consumers and unfairly disrupt the complainant's business, constituting abusive registration. Both domain names are inextricably linked and both are abusive registrations under the Policy.

Citation
[2008] DRS 5200
Parties
Complainant: Hairmarker LLC/Colormetrics LLC; Respondent: Element Design Studio
Jurisdiction
United Kingdom
Judgment Date
21 January 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trademark Rights, Abusive Registration, Agency Relationship, Passing Off
Intellectual Property Domain Names Trademark Rights Abusive Registration Agency Relationship Passing Off

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hairmarker LLC/Colormetrics LLC

Complainant

Element Design Studio

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the mark identical or similar to the domain names
  2. 2 Whether the domain names constitute abusive registrations under the Nominet DRS Policy

Ratio Decidendi

The complainant demonstrated rights in the COLOR MARK mark via a Community Trademark Registration. The respondent, acting as agent for Focalserve, used the domain names in a manner likely to confuse consumers and unfairly disrupt the complainant's business, constituting abusive registration. Both domain names are inextricably linked and both are abusive registrations under the Policy.

Court Disposition

Complaint upheld

Orders

  • The domain names colormark.co.uk and colormarkpro.co.uk are to be transferred to the complainant.