Microsoft Corporation v Marky [2006] DRS 3464 (12 April 2006)

Microsoft Corporation v Marky [2006] DRS 3464 (12 April 2006)

The complainant has rights in the XBOX and XBOX360 marks, which are identical or similar to the domain name. The respondent registered and used the domain name in a manner that took unfair advantage of the complainant's rights, with no legitimate interest or explanation, constituting abusive registration under the Nominet DRS Policy.

Citation
[2006] DRS 3464
Parties
Complainant: Microsoft Corporation; Respondent: M Marky
Jurisdiction
United Kingdom
Judgment Date
12 April 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Passing Off Abusive Registration

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Parties

Microsoft Corporation

Complainant

M Marky

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark 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 the XBOX and XBOX360 marks, which are identical or similar to the domain name. The respondent registered and used the domain name in a manner that took unfair advantage of the complainant's rights, with no legitimate interest or explanation, constituting abusive registration under the Nominet DRS Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name x-box360.co.uk is to be transferred to Microsoft Corporation.