Record Power Ltd v J & B Electric Power Tool Co Ltd [2007] DRS 4849 (14 September 2007)

Record Power Ltd v J & B Electric Power Tool Co Ltd [2007] DRS 4849 (14 September 2007)

The Respondent's use of the Domain Name and website creates the overwhelming impression that it is the official Record Power website, causing confusion and constituting abusive registration under the Policy. The Complainant's rights in the name and mark are established, and the Respondent's activities are not authorized.

Citation
[2007] DRS 4849
Parties
Complainant: Record Power Limited; Respondent: J&B Electric Power Tool Co Ltd
Jurisdiction
United Kingdom
Judgment Date
14 September 2007
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain Name transfer ordered
Legal Topics
Trade Mark Rights, Domain Name Registration, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Mark Rights Domain Name Registration Passing Off Abusive Registration

Case Brief

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Parties

Record Power Limited

Complainant

J&B Electric Power Tool Co Ltd

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

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 is an abusive registration in the hands of the Respondent

Ratio Decidendi

The Respondent's use of the Domain Name and website creates the overwhelming impression that it is the official Record Power website, causing confusion and constituting abusive registration under the Policy. The Complainant's rights in the name and mark are established, and the Respondent's activities are not authorized.

Court Disposition

Domain Name transfer ordered

Orders

  • The Domain Name is to be transferred to the Complainant.