Whittard of Chelsea Plc v Szlamp [2005] DRS 2297 (02 March 2005)

Whittard of Chelsea Plc v Szlamp [2005] DRS 2297 (02 March 2005)

The complainant has established rights in a name similar to the domain name, and the respondent's registration and use of the domain name constitutes an abusive registration by taking unfair advantage of the complainant's rights. In the absence of a response, the complaint succeeds.

Citation
[2005] DRS 2297
Parties
Complainant: Whittard of Chelsea Plc; Respondent: Keith Szlamp
Jurisdiction
United Kingdom
Judgment Date
02 March 2005
Procedural Posture
Domain Name Dispute / Final Determination by Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trademark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Infringement Abusive Registration

Case Brief

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Parties

Whittard of Chelsea Plc

Complainant

Keith Szlamp

Respondent

Procedural Posture

Domain Name Dispute / Final Determination by Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name similar to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant has established rights in a name similar to the domain name, and the respondent's registration and use of the domain name constitutes an abusive registration by taking unfair advantage of the complainant's rights. In the absence of a response, the complaint succeeds.

Court Disposition

Complaint upheld

Orders

  • Domain name whitards.co.uk to be transferred to the complainant