PartyGaming Plc v Sorilla [2005] DRS 2783 (12 September 2005)

PartyGaming Plc v Sorilla [2005] DRS 2783 (12 September 2005)

The complainant established rights in the PARTYGAMING mark, and the domain name was registered and used in a manner that took unfair advantage of those rights, primarily for the purpose of selling it to the complainant or a competitor at a substantial profit, amounting to abusive registration under the Policy.

Citation
[2005] DRS 2783
Parties
Complainant: PartyGaming Plc; Respondent: Elsie Sorilla
Jurisdiction
United Kingdom
Judgment Date
12 September 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

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Parties

PartyGaming Plc

Complainant

Elsie Sorilla

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 PARTYGAMING mark, and the domain name was registered and used in a manner that took unfair advantage of those rights, primarily for the purpose of selling it to the complainant or a competitor at a substantial profit, amounting to abusive registration under the Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name www.party-gaming.co.uk is to be transferred to PartyGaming Plc.