AOL LLC v Tomasiewicz [2007] DRS 4816 (29 August 2007)

AOL LLC v Tomasiewicz [2007] DRS 4816 (29 August 2007)

The Complainant has established rights in the AOL name and marks. The disputed domain names are confusingly similar to those marks. The Respondent registered and used the domain names in a manner that takes unfair advantage of and is unfairly detrimental to the Complainant's rights, including offering them for sale, using them to divert web traffic, and as part of a pattern of abusive registrations. The requirements for abusive registration under the Policy are met.

Citation
[2007] DRS 4816
Parties
Complainant: AOL LLC; Respondent: Jan Tomasiewicz
Jurisdiction
United Kingdom
Judgment Date
29 August 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain names to be transferred to Complainant
Legal Topics
Trade Marks, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Law Trade Marks Abusive Registration Domain Name Transfer

Case Brief

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Parties

AOL LLC

Complainant

Jan Tomasiewicz

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the Complainant has rights in a name or mark identical or similar to the disputed domain names
  2. 2 Whether the domain names constitute abusive registrations in the hands of the Respondent

Ratio Decidendi

The Complainant has established rights in the AOL name and marks. The disputed domain names are confusingly similar to those marks. The Respondent registered and used the domain names in a manner that takes unfair advantage of and is unfairly detrimental to the Complainant's rights, including offering them for sale, using them to divert web traffic, and as part of a pattern of abusive registrations. The requirements for abusive registration under the Policy are met.

Court Disposition

Complaint upheld; domain names to be transferred to Complainant

Orders

  • The domain names iaol.co.uk, getaol.co.uk, and loveaol.co.uk are to be transferred to the Complainant