Compiere Inc v Jaztek Ltd [2006] DRS 3943 (27 November 2006)

Compiere Inc v Jaztek Ltd [2006] DRS 3943 (27 November 2006)

The complainant established rights in the COMPIERE mark, both through trademark registration and common law use and promotion. The respondent was aware of the complainant's brand at the time of domain registration and used the domain to promote its own competing product, JazzERP, while creating the impression of official affiliation with Compiere. This use was not legitimate non-commercial or fair use, but took unfair advantage of the complainant's rights and was unfairly detrimental, constituting abusive registration under the Nominet DRS Policy.

Citation
[2006] DRS 3943
Parties
Complainant: Compiere Inc; Respondent: Jaztek Ltd
Jurisdiction
United Kingdom
Judgment Date
27 November 2006
Procedural Posture
Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Determination
Outcome
Domain transfer ordered
Legal Topics
Domain Names, Trade Marks, Passing Off, Cybersquatting
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Cybersquatting

Case Brief

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Parties

Compiere Inc

Complainant

Jaztek Ltd

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the mark 'Compiere' identical or similar to the domain name compiere.co.uk
  2. 2 Whether the domain name, in the hands of the respondent, constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the COMPIERE mark, both through trademark registration and common law use and promotion. The respondent was aware of the complainant's brand at the time of domain registration and used the domain to promote its own competing product, JazzERP, while creating the impression of official affiliation with Compiere. This use was not legitimate non-commercial or fair use, but took unfair advantage of the complainant's rights and was unfairly detrimental, constituting abusive registration under the Nominet DRS Policy.

Court Disposition

Domain transfer ordered

Orders

  • The domain name compiere.co.uk is to be transferred to the complainant, Compiere Inc.