Swann-Morton Ltd v Indigo [2008] DRS 5441 (8 April 2008)

Swann-Morton Ltd v Indigo [2008] DRS 5441 (8 April 2008)

The complainant failed to provide sufficient evidence that the respondent's use or registration of the domain name was abusive or constituted trade mark infringement; mere ownership or offering for sale, without more, does not establish abuse under the DRS Policy.

Citation
[2008] DRS 5441
Parties
Complainant: Swann-Morton Ltd; Respondent: Indigo
Jurisdiction
United Kingdom
Judgment Date
08 April 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint dismissed
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration
Intellectual Property Domain Name Law Trade Marks Domain Name Disputes 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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Swann-Morton Ltd

Complainant

Indigo

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the domain name identical or similar to its registered trade mark
  2. 2 Whether the domain name constitutes an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant failed to provide sufficient evidence that the respondent's use or registration of the domain name was abusive or constituted trade mark infringement; mere ownership or offering for sale, without more, does not establish abuse under the DRS Policy.

Court Disposition

Complaint dismissed

Orders

  • The domain name should not be transferred.