KTM-Sportmotorcycle AG v Monster Software Ltd [2007] DRS 4499 (24 April 2007)

KTM-Sportmotorcycle AG v Monster Software Ltd [2007] DRS 4499 (24 April 2007)

The complainant has rights in the name HUSABERG, which is identical to the domain name, and the respondent registered and used the domain name in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration.

Citation
[2007] DRS 4499
Parties
Complainant: KTM-Sportmotorcycle AG; Respondent: Monster Software Ltd
Jurisdiction
United Kingdom
Judgment Date
24 April 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Trademark Rights Abusive Registration

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Parties

KTM-Sportmotorcycle AG

Complainant

Monster Software Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name HUSABERG 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 rights in the name HUSABERG, which is identical to the domain name, and the respondent registered and used the domain name in a manner that took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of domain name husaberg.co.uk to KTM-Sportmotorcycle AG