Hitachi Europe Ltd -v- Logic Europe Ltd [2004] DRS 1771 (27 July 2004)

Hitachi Europe Ltd -v- Logic Europe Ltd [2004] DRS 1771 (27 July 2004)

The complainant has rights in a name similar to the domain name, and the respondent's registration and use of the domain name gave a misleading impression of commercial connection, took unfair advantage of the complainant's rights, and was therefore an abusive registration.

Citation
[2004] DRS 1771
Parties
Complainant: Hitachi Europe Ltd; Respondent: Logic Europe Ltd
Jurisdiction
United Kingdom
Judgment Date
27 July 2004
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

Hitachi Europe Ltd

Complainant

Logic Europe Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark 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 rights in a name similar to the domain name, and the respondent's registration and use of the domain name gave a misleading impression of commercial connection, took unfair advantage of the complainant's rights, and was therefore an abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name hitachidigitalmedia.co.uk is to be transferred to Hitachi Europe Ltd.