Eden Aesthetics Distribution Ltd v Fightback (National) Ltd [2005] DRS 2822 (3 October 2005)

Eden Aesthetics Distribution Ltd v Fightback (National) Ltd [2005] DRS 2822 (3 October 2005)

The complainant has rights in the Agera trademark via exclusive licence predating the domain registration. The respondent's use of the domain name confuses or has the potential to confuse the public into believing the site is connected with the complainant, taking unfair advantage and causing unfair detriment, thus constituting abusive registration.

Citation
[2005] DRS 2822
Parties
Complainant: Eden Aesthetics Distribution Ltd; Respondent: Fightback (National) Ltd
Jurisdiction
United Kingdom
Judgment Date
03 October 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain name transfer ordered
Legal Topics
Domain Name Disputes, Trademark Infringement, Passing Off
Intellectual Property Information Technology Domain Name Disputes Trademark Infringement Passing Off

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Parties

Eden Aesthetics Distribution Ltd

Complainant

Fightback (National) Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 respondent's registration and use of the domain name constitutes an abusive registration

Ratio Decidendi

The complainant has rights in the Agera trademark via exclusive licence predating the domain registration. The respondent's use of the domain name confuses or has the potential to confuse the public into believing the site is connected with the complainant, taking unfair advantage and causing unfair detriment, thus constituting abusive registration.

Court Disposition

Complaint upheld; domain name transfer ordered

Orders

  • The domain name agera.co.uk is to be transferred to the complainant.