Sainsbury's Bank Plc v Girault [2007] DRS 4956 (1 October 2007)

Sainsbury's Bank Plc v Girault [2007] DRS 4956 (1 October 2007)

The complainant has established rights in a mark similar to the disputed domain name, and the respondent's registration and use of the domain name is abusive as it disrupts the complainant's business and creates a likelihood of confusion, with no legitimate explanation from the respondent.

Citation
[2007] DRS 4956
Parties
Complainant: Sainsbury's Bank Plc.; Respondent: Laurent Girault
Jurisdiction
United Kingdom
Judgment Date
01 October 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Mark Rights Abusive Registration

Case Brief

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Parties

Sainsbury's Bank Plc.

Complainant

Laurent Girault

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has established rights in a mark similar to the disputed domain name, and the respondent's registration and use of the domain name is abusive as it disrupts the complainant's business and creates a likelihood of confusion, with no legitimate explanation from the respondent.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name should be transferred to the complainant.