Swiss Masai Holding AG v Hamsin Ltd [2006] DRS 3573 (12 June 2006)

Swiss Masai Holding AG v Hamsin Ltd [2006] DRS 3573 (12 June 2006)

The complainant has rights in the mark SWISS MASAI, which is identical or similar to the domain name. The respondent registered and used the domain name to divert traffic and promote competing products, taking unfair advantage of the complainant's rights. In the absence of any response or plausible explanation from the respondent, the registration is abusive.

Citation
[2006] DRS 3573
Parties
Complainant: Swiss Masai Holding AG; Respondent: Hamsin Ltd
Jurisdiction
United Kingdom
Judgment Date
12 June 2006
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

Swiss Masai Holding AG

Complainant

Hamsin Ltd

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

Legal Issues

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

Ratio Decidendi

The complainant has rights in the mark SWISS MASAI, which is identical or similar to the domain name. The respondent registered and used the domain name to divert traffic and promote competing products, taking unfair advantage of the complainant's rights. In the absence of any response or plausible explanation from the respondent, the registration is abusive.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name swissmasai.co.uk is to be transferred to Swiss Masai Holding AG