Miss Selfridge Retail Ltd v ewca.org [2006] DRS 3392 (24 March 2006)

Miss Selfridge Retail Ltd v ewca.org [2006] DRS 3392 (24 March 2006)

The complainant owns rights in the MISS SELFRIDGE mark, which is similar to the domain name. The respondent's use of the domain name in connection with clothing retail was likely to confuse the public and took unfair advantage of the complainant's rights, constituting abusive registration.

Citation
[2006] DRS 3392
Parties
Complainant: Miss Selfridge Retail Limited; Respondent: ewca.org
Jurisdiction
United Kingdom
Judgment Date
24 March 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Trade Marks, Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Miss Selfridge Retail Limited

Complainant

ewca.org

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a mark identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration

Ratio Decidendi

The complainant owns rights in the MISS SELFRIDGE mark, which is similar to the domain name. The respondent's use of the domain name in connection with clothing retail was likely to confuse the public and took unfair advantage of the complainant's rights, constituting abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name miselfridge.co.uk is to be transferred to Miss Selfridge Retail Limited.