Salvation Army -v- Jenkins GMC [2003] DRS 1341 (30 December 2003)

Salvation Army -v- Jenkins GMC [2003] DRS 1341 (30 December 2003)

The complainant has rights in the name THE SALVATION ARMY, and the domain name is virtually identical or similar. The respondent has not provided any explanation or evidence to rebut the presumption of abusive registration. On the balance of probabilities, the registration was abusive and likely for profit or diversion.

Citation
[2003] DRS 1341
Parties
Complainant: The Salvation Army; Respondent: Jenkins GMC
Jurisdiction
United Kingdom
Judgment Date
30 December 2003
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint upheld
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

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Parties

The Salvation Army

Complainant

Jenkins GMC

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 rights in the name THE SALVATION ARMY, and the domain name is virtually identical or similar. The respondent has not provided any explanation or evidence to rebut the presumption of abusive registration. On the balance of probabilities, the registration was abusive and likely for profit or diversion.

Court Disposition

complaint upheld

Orders

  • the domain name the-salvation-army.co.uk is to be transferred to the complainant