Bjorn Borg Brands AB, Re [2009] DRS 6806 (12 May 2009)

Bjorn Borg Brands AB, Re [2009] DRS 6806 (12 May 2009)

The respondent registered and used a domain name essentially comprising the complainants' mark, with intent to take advantage of initial interest confusion and to attract users to a site selling competing products. This conduct constitutes abusive registration under the Nominet Policy.

Citation
[2009] DRS 6806
Parties
Complainant: Björn Borg Brands AB; Complainant: Björn Borg; Respondent: Giorgio Timarco
Jurisdiction
United Kingdom
Judgment Date
12 May 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Dispute Trade Mark Infringement Passing Off Abusive Registration

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Parties

Björn Borg Brands AB

Complainant

Björn Borg

Complainant

Giorgio Timarco

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 respondent registered and used a domain name essentially comprising the complainants' mark, with intent to take advantage of initial interest confusion and to attract users to a site selling competing products. This conduct constitutes abusive registration under the Nominet Policy.

Court Disposition

domain name transfer ordered

Orders

  • The domain name bjornborg.co.uk is to be transferred to the lead complainant, Björn Borg Brands AB.