The Coca-Cola Company v Raph [2008] DRS 5314 (25 February 2008)

The Coca-Cola Company v Raph [2008] DRS 5314 (25 February 2008)

The complainant established rights in the COCA-COLA trade mark and demonstrated that the domain name was registered and used to take unfair advantage of and was detrimental to those rights, constituting an abusive registration under the Nominet UK DRS Policy.

Citation
[2008] DRS 5314
Parties
Complainant: The Coca-Cola Company; Respondent: Max Raph
Jurisdiction
United Kingdom
Judgment Date
25 February 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trade Marks, Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Passing Off Abusive Registration

Case Brief

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Parties

The Coca-Cola Company

Complainant

Max Raph

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or 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 established rights in the COCA-COLA trade mark and demonstrated that the domain name was registered and used to take unfair advantage of and was detrimental to those rights, constituting an abusive registration under the Nominet UK DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name coca-colacentre.co.uk is to be transferred to the complainant.