Clark Equipment Company v Hamlen [2007] DRS 4261 (27 February 2007)

Clark Equipment Company v Hamlen [2007] DRS 4261 (27 February 2007)

The complainant has valid and subsisting rights in the BOBCAT trade mark, which is identical to the disputed domain name. The respondent's continued use of the domain name after termination of the distributorship agreement, in breach of contractual terms, and without distinguishing material, is likely to create the impression of a commercial connection with the complainant. This constitutes an abusive registration as it takes unfair advantage of or is unfairly detrimental to the complainant's rights.

Citation
[2007] DRS 4261
Parties
Complainant: Clark Equipment Company; Respondent: Geoff Hamlen
Jurisdiction
United Kingdom
Judgment Date
27 February 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name to be transferred
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration, Passing Off
Intellectual Property Domain Name Law Trade Marks Domain Name Disputes Abusive Registration Passing Off

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Parties

Clark Equipment Company

Complainant

Geoff Hamlen

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the BOBCAT mark identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant has valid and subsisting rights in the BOBCAT trade mark, which is identical to the disputed domain name. The respondent's continued use of the domain name after termination of the distributorship agreement, in breach of contractual terms, and without distinguishing material, is likely to create the impression of a commercial connection with the complainant. This constitutes an abusive registration as it takes unfair advantage of or is unfairly detrimental to the complainant's rights.

Court Disposition

Complaint upheld; domain name to be transferred

Orders

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