Harper Collins Publishers Ltd v Smith [2007] DRS 5009 (16 October 2007)

Harper Collins Publishers Ltd v Smith [2007] DRS 5009 (16 October 2007)

The complainant has rights in the TOLKIEN mark, which is identical to the domain name. The continued registration by the respondent, despite the sale and agreement for transfer, gives the respondent an unfair advantage and is unfairly detrimental to the complainant. This constitutes abusive registration under the policy.

Citation
[2007] DRS 5009
Parties
Complainant: Harper Collins Publishers Limited; Respondent: Jon Smith
Jurisdiction
United Kingdom
Judgment Date
16 October 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Harper Collins Publishers Limited

Complainant

Jon Smith

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 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 TOLKIEN mark, which is identical to the domain name. The continued registration by the respondent, despite the sale and agreement for transfer, gives the respondent an unfair advantage and is unfairly detrimental to the complainant. This constitutes abusive registration under the policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name tolkien.co.uk is to be transferred to Harper Collins Publishers Limited