FLIR Systems AB & Ors v Fraser Coutts [2009] DRS 6558 (18 March 2009)

FLIR Systems AB & Ors v Fraser Coutts [2009] DRS 6558 (18 March 2009)

The complainants have rights in a mark similar to the domain name. Although there is insufficient evidence of bad faith at registration, the respondent's subsequent conduct—attempting to auction the domain name between competitors and diverting traffic to a competitor—constitutes abusive use, taking unfair advantage of the complainants' rights. The requirements of the Policy are satisfied.

Citation
[2009] DRS 6558
Parties
Complainant: FLIR Systems AB; Complainant: FLIR Systems Inc; Complainant: FLIR Systems Limited; Respondent: Fraser Coutts
Jurisdiction
United Kingdom
Judgment Date
18 March 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld; domain name to be transferred.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

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 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

FLIR Systems AB

Complainant

FLIR Systems Inc

Complainant

FLIR Systems Limited

Complainant

Fraser Coutts

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainants have rights in a mark similar to the domain name. Although there is insufficient evidence of bad faith at registration, the respondent's subsequent conduct—attempting to auction the domain name between competitors and diverting traffic to a competitor—constitutes abusive use, taking unfair advantage of the complainants' rights. The requirements of the Policy are satisfied.

Court Disposition

Complaint upheld; domain name to be transferred.

Orders

  • The domain name is to be transferred to the complainant FLIR Systems AB.