F - Secure Corporation Plc (trading as F - Secure Oyj) v Global Publications Ltd (fsecure.co.uk) [2009] DRS 7578 (20 October 2009)

F - Secure Corporation Plc (trading as F - Secure Oyj) v Global Publications Ltd (fsecure.co.uk) [2009] DRS 7578 (20 October 2009)

The complainant established rights in the 'F-SECURE' mark. The respondent's registration and use of the domain name was part of a pattern of registering domains corresponding to well-known marks without rights, constituting abusive registration under the Nominet DRS Policy. The minor difference of a missing hyphen is immaterial. The respondent's arguments of good faith, generic meaning, and delay are rejected. The domain name is ordered to be transferred to the complainant.

Citation
[2009] DRS 7578
Parties
Complainant: F-Secure Corporation (PLC); Respondent: Global Publications Ltd
Jurisdiction
United Kingdom
Judgment Date
20 October 2009
Procedural Posture
Nominet UK Dispute Resolution Service / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trade Marks, Abusive Registration, Domain Name Transfer, Goodwill, Pay Per Click Websites
Intellectual Property Domain Name Disputes Trade Marks Abusive Registration Domain Name Transfer Goodwill Pay Per Click Websites

Case Brief

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Parties

F-Secure Corporation (PLC)

Complainant

Global Publications Ltd

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service / Expert Determination

Legal Issues

  1. 1 Whether the complainant owns rights in the mark 'F-SECURE' relevant to the domain name fsecure.co.uk
  2. 2 Whether the respondent's registration and use of the domain name amounts to an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the 'F-SECURE' mark. The respondent's registration and use of the domain name was part of a pattern of registering domains corresponding to well-known marks without rights, constituting abusive registration under the Nominet DRS Policy. The minor difference of a missing hyphen is immaterial. The respondent's arguments of good faith, generic meaning, and delay are rejected. The domain name is ordered to be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

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