Calvin Klein Inc v make [2004] DRS 02163 (06 January 2005)

Calvin Klein Inc v make [2004] DRS 02163 (06 January 2005)

The complainant has proved on the balance of probabilities that it has rights in the name 'Calvin Klein' and that the domain name, in the hands of the respondent, is an abusive registration due to false contact details, lack of legitimate use, and likelihood of confusion.

Citation
[2004] DRS 02163
Parties
Complainant: Calvin Klein, Inc.; Respondent: make
Jurisdiction
United Kingdom
Judgment Date
06 January 2005
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transferred to complainant
Legal Topics
Trademark Rights, Domain Name Registration, Abusive Registration
Intellectual Property Internet Law Trademark Rights Domain Name Registration Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Calvin Klein, Inc.

Complainant

make

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

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 proved on the balance of probabilities that it has rights in the name 'Calvin Klein' and that the domain name, in the hands of the respondent, is an abusive registration due to false contact details, lack of legitimate use, and likelihood of confusion.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of calvinklein.org.uk to Calvin Klein, Inc.