Fahamu Ltd v ITT Corp [2005] DRS 02413 (27 April 2005)

Fahamu Ltd v ITT Corp [2005] DRS 02413 (27 April 2005)

The complainant has established rights in the name Fahamu through use and goodwill, and the respondent's registration and use of the domain name was abusive, including offering it for sale and associating it with pornography, which was unfairly detrimental to the complainant's rights.

Citation
[2005] DRS 02413
Parties
Complainant: Fahamu Ltd; Respondent: ITT Corp
Jurisdiction
United Kingdom
Judgment Date
27 April 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant.
Legal Topics
Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

Fahamu Ltd

Complainant

ITT Corp

Respondent

Procedural Posture

Domain Name Dispute / Decision of 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 established rights in the name Fahamu through use and goodwill, and the respondent's registration and use of the domain name was abusive, including offering it for sale and associating it with pornography, which was unfairly detrimental to the complainant's rights.

Court Disposition

Domain name to be transferred to the complainant.

Orders

  • The domain name fahamu.org.uk is to be transferred to Fahamu Ltd.