Seabourn Cruise Limited v First Hosting [2007] DRS 4316 (21 March 2007)

Seabourn Cruise Limited v First Hosting [2007] DRS 4316 (21 March 2007)

The complainant established rights in the SEABOURN mark prior to the domain registration. The respondent engaged in a pattern of registering domain names corresponding to well-known marks without rights, including seabourn.co.uk, which was found to be unfairly detrimental to the complainant's rights. The domain name is therefore an abusive registration and should be transferred.

Citation
[2007] DRS 4316
Parties
Complainant: Seabourn Cruise Limited; Respondent: First Hosting
Jurisdiction
United Kingdom
Judgment Date
21 March 2007
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Abusive Registration, Trade Mark Rights
Intellectual Property Law Internet Law Domain Name Disputes Abusive Registration Trade Mark Rights

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Parties

Seabourn Cruise Limited

Complainant

First Hosting

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Determination

Legal Issues

  1. 1 Whether the domain name seabourn.co.uk is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the SEABOURN mark prior to the domain registration. The respondent engaged in a pattern of registering domain names corresponding to well-known marks without rights, including seabourn.co.uk, which was found to be unfairly detrimental to the complainant's rights. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Domain name transfer ordered

Orders

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