BM Trada Certification Ltd v Tariq [2006] DRS 3737 (21 August 2006)

BM Trada Certification Ltd v Tariq [2006] DRS 3737 (21 August 2006)

The respondent's use of a domain name identical to the complainant's brand caused or was likely to cause confusion, taking unfair advantage of the complainant's rights and constituting abusive registration.

Citation
[2006] DRS 3737
Parties
Complainant: BM Trada Certification Limited; Respondent: Mohammed Tariq
Jurisdiction
United Kingdom
Judgment Date
21 August 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration

Case Brief

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Parties

BM Trada Certification Limited

Complainant

Mohammed Tariq

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 domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The respondent's use of a domain name identical to the complainant's brand caused or was likely to cause confusion, taking unfair advantage of the complainant's rights and constituting abusive registration.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name bmtrada.co.uk is to be transferred to BM Trada Certification Limited.