Distillerie Tuoni e Canepa s.r.l v Indika Industries [2005] DRS 2934 (28 October 2005)

Distillerie Tuoni e Canepa s.r.l v Indika Industries [2005] DRS 2934 (28 October 2005)

The complainant established rights in the name 'Tuaca' and demonstrated that the domain name was registered as a result of a relationship with the respondent, was used exclusively by the complainant, and renewal fees were paid by or on behalf of the complainant, satisfying the criteria for abusive registration under the Policy.

Citation
[2005] DRS 2934
Parties
Complainant: Distillerie Tuoni e Canepa s.r.l; Respondent: Indika Industries
Jurisdiction
United Kingdom
Judgment Date
28 October 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

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Parties

Distillerie Tuoni e Canepa s.r.l

Complainant

Indika Industries

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the name 'Tuaca' and demonstrated that the domain name was registered as a result of a relationship with the respondent, was used exclusively by the complainant, and renewal fees were paid by or on behalf of the complainant, satisfying the criteria for abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name tuaca.co.uk is to be transferred to Distillerie Tuoni e Canepa s.r.l.