Unilever Plc v Parker [2005] DRS 02335 (24 March 2005)

Unilever Plc v Parker [2005] DRS 02335 (24 March 2005)

The complainant established rights in the 'PEARS' mark and that the domain names were registered in a manner that took unfair advantage of those rights; the respondent's registration of the domain names was found to be abusive, particularly as blocking registrations, and no legitimate interest or explanation was provided by the respondent.

Citation
[2005] DRS 02335
Parties
Complainant: Unilever Plc; Respondent: Mr David Parker
Jurisdiction
United Kingdom
Judgment Date
24 March 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Unilever Plc

Complainant

Mr David Parker

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 names
  2. 2 Whether the domain names constitute abusive registrations under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the 'PEARS' mark and that the domain names were registered in a manner that took unfair advantage of those rights; the respondent's registration of the domain names was found to be abusive, particularly as blocking registrations, and no legitimate interest or explanation was provided by the respondent.

Court Disposition

complaint upheld

Orders

  • Transfer of pearssoap.co.uk to the complainant
  • Transfer of misspears.co.uk to the complainant