Kohler Mira Ltd v Soper [2006] DRS 3727 (26 July 2006)

Kohler Mira Ltd v Soper [2006] DRS 3727 (26 July 2006)

The complainant established rights in the MIRA mark and related domain names. The respondent's registration and use of the disputed domain names, which are similar to the complainant's marks and redirect to competitor sites, constitutes abusive registration intended to disrupt the complainant's business. The respondent's pattern of registering domain names corresponding to well-known marks without legitimate rights further supports this finding.

Citation
[2006] DRS 3727
Parties
Complainant: Kohler Mira Limited; Respondent: Marc Soper
Jurisdiction
United Kingdom
Judgment Date
26 July 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Dispute Trade Mark Infringement Passing Off Abusive Registration

Case Brief

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Parties

Kohler Mira Limited

Complainant

Marc Soper

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 names
  2. 2 Whether the domain names constitute an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in the MIRA mark and related domain names. The respondent's registration and use of the disputed domain names, which are similar to the complainant's marks and redirect to competitor sites, constitutes abusive registration intended to disrupt the complainant's business. The respondent's pattern of registering domain names corresponding to well-known marks without legitimate rights further supports this finding.

Court Disposition

complaint upheld

Orders

  • The domain names mira-showers.co.uk and mira-uk.co.uk are to be transferred to Kohler Mira Limited.