Deutsche-Telekom AG v Lammtara Multiserve Ltd [2008] DRS 5856 (17 October 2008)

Deutsche-Telekom AG v Lammtara Multiserve Ltd [2008] DRS 5856 (17 October 2008)

The complainant has rights in a name identical to the domain name, but the domain name was registered before the complainant's interest in 't-home' arose and was not registered or used in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights. The respondent's actions did not constitute abusive registration under the DRS Policy.

Citation
[2008] DRS 5856
Parties
Complainant: Deutsche-Telekom AG; Respondent: Lammtara Multiserve Limited
Jurisdiction
United Kingdom
Judgment Date
17 October 2008
Procedural Posture
Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service
Outcome
Complaint denied
Legal Topics
Domain Name Disputes, Trademark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Infringement Passing Off Abusive Registration

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Parties

Deutsche-Telekom AG

Complainant

Lammtara Multiserve Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service

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 rights in a name identical to the domain name, but the domain name was registered before the complainant's interest in 't-home' arose and was not registered or used in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights. The respondent's actions did not constitute abusive registration under the DRS Policy.

Court Disposition

Complaint denied

Orders

  • The domain name t-home.co.uk is to be left undisturbed.