PPG Industries v PPG Coatings Nederland BV [2010] DRS 7880 (12 January 2010)

PPG Industries v PPG Coatings Nederland BV [2010] DRS 7880 (12 January 2010)

The complainants have rights in the marks PPG, AMERCOAT, SIGMA, and SIGMA COATINGS, which are identical or similar to the disputed domain names (except amerondirect.co.uk). The respondent's use of these domain names takes unfair advantage of or is unfairly detrimental to the complainants' rights by creating a...

Source-derived case information.

Citation
[2010] DRS 7880
Parties
Lead Complainant: PPG Industries, Inc; Complainant: PPG Coatings Nederland B.V.; Complainant: PPG Industries Ohio, Inc; Respondent: Mark Bullock
Jurisdiction
United Kingdom
Judgment Date
12 January 2010
Procedural Posture
Nominet UK Dispute Resolution Service / Expert Decision After Mediation Failed
Outcome
Partially upheld
Legal Topics
Trade Marks, Domain Name Registration, Abusive Registration, Passing Off
Intellectual Property Domain Name Disputes Trade Marks Domain Name Registration Abusive Registration Passing Off

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

PPG Industries, Inc

Lead Complainant

PPG Coatings Nederland B.V.

Complainant

PPG Industries Ohio, Inc

Complainant

Mark Bullock

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service / Expert Decision After Mediation Failed

Legal Issues

  1. 1 Whether the complainants have rights in the marks identical or similar to the disputed domain names
  2. 2 Whether the domain names are abusive registrations under the Nominet DRS Policy

Ratio Decidendi

The complainants have rights in the marks PPG, AMERCOAT, SIGMA, and SIGMA COATINGS, which are identical or similar to the disputed domain names (except amerondirect.co.uk). The respondent's use of these domain names takes unfair advantage of or is unfairly detrimental to the complainants' rights by creating a likelihood of confusion as to a commercial connection. The respondent did not do enough to dispel this impression. The complainants do not have rights in AMERON at the relevant time, so the complaint fails for amerondirect.co.uk.

Court Disposition

Partially upheld

Orders

  • Transfer of amercoatdirect.co.uk, ppgcoatings.co.uk, amercoat.co.uk, sigmacoatingsdirect.co.uk, and sigmapaints.co.uk to the lead complainant
  • No action regarding amerondirect.co.uk