Elite Licensing Company SA v Fleming [2010] DRS 8765 (11 October 2010)

Elite Licensing Company SA v Fleming [2010] DRS 8765 (11 October 2010)

The complainants have rights in the ELITE mark, and the domain name is confusingly similar. The respondent's use and acquisition of the domain name was likely to confuse and disrupt the complainants' business, constituting abusive registration under Nominet's DRS Policy.

Citation
[2010] DRS 8765
Parties
Complainant: Elite Licensing Company SA; Complainant: Elite Model Management; Respondent: James Fleming
Jurisdiction
United Kingdom
Judgment Date
11 October 2010
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

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Parties

Elite Licensing Company SA

Complainant

Elite Model Management

Complainant

James Fleming

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainants have 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 under Nominet's DRS Policy

Ratio Decidendi

The complainants have rights in the ELITE mark, and the domain name is confusingly similar. The respondent's use and acquisition of the domain name was likely to confuse and disrupt the complainants' business, constituting abusive registration under Nominet's DRS Policy.

Court Disposition

domain name transferred to complainant

Orders

  • The domain name elitemodelagency.co.uk is to be transferred to Elite Licensing Company SA.