CLABER SPA v Bujak [2009] DRS 6909 (08 May 2009)

CLABER SPA v Bujak [2009] DRS 6909 (08 May 2009)

The complainant has established rights in the name Claber, which is identical to the domain name. The respondent has no rights or legitimate interest in the name, and the domain has not been used. The registration of a distinctive, made-up name with no legitimate reason constitutes an abusive registration. In the...

Source-derived case information.

Citation
[2009] DRS 6909
Parties
Complainant: CLABER SPA; Respondent: Jonathan Bujak
Jurisdiction
United Kingdom
Judgment Date
08 May 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trademark Rights, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Law Trademark Rights Abusive Registration Domain Name Transfer

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Parties

CLABER SPA

Complainant

Jonathan Bujak

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name 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 complainant has established rights in the name Claber, which is identical to the domain name. The respondent has no rights or legitimate interest in the name, and the domain has not been used. The registration of a distinctive, made-up name with no legitimate reason constitutes an abusive registration. In the absence of a response or exceptional circumstances, the complaint succeeds.

Court Disposition

Complaint upheld

Orders

  • The domain name claber.co.uk is to be transferred to the complainant.