Hewlett-Packard Development Company LP -v- Inter-Mediates Ltd [2004] DRS 1738 (7 July 2004)

Hewlett-Packard Development Company LP -v- Inter-Mediates Ltd [2004] DRS 1738 (7 July 2004)

The complainant has established rights in the marks 'HP', 'hp', and 'Hewlett Packard', which are similar to the disputed domain names. The respondent's registration and use of the domain names constitute abusive registrations as they were registered as part of a pattern of abusive registrations, primarily for sale at a profit and to disrupt the complainant's business. The respondent's explanations for registration were not credible, and the likelihood of public confusion was established.

Citation
[2004] DRS 1738
Parties
Complainant: Hewlett-Packard Development Company, L. P; Respondent: Inter-Mediates Ltd
Jurisdiction
United Kingdom
Judgment Date
07 July 2004
Procedural Posture
Domain Name Dispute (nominet Drs) / Expert Decision
Outcome
Complaint upheld; transfer of domain names ordered.
Legal Topics
Domain Names, Trade Marks, Abusive Registration, Passing Off
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration Passing Off

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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hewlett-Packard Development Company, L. P

Complainant

Inter-Mediates Ltd

Respondent

Procedural Posture

Domain Name Dispute (nominet Drs) / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in respect of a name or mark identical or similar to the disputed domain names
  2. 2 Whether the domain names in the hands of the respondent constitute abusive registrations under the Nominet DRS Policy

Ratio Decidendi

The complainant has established rights in the marks 'HP', 'hp', and 'Hewlett Packard', which are similar to the disputed domain names. The respondent's registration and use of the domain names constitute abusive registrations as they were registered as part of a pattern of abusive registrations, primarily for sale at a profit and to disrupt the complainant's business. The respondent's explanations for registration were not credible, and the likelihood of public confusion was established.

Court Disposition

Complaint upheld; transfer of domain names ordered.

Orders

  • Transfer of 'ukhewlettpackardink.co.uk' to the complainant
  • Transfer of 'ukhpink.co.uk' to the complainant