J. Sainsbury Plc v Morrison [2007] DRS 4457 (29 March 2007)

J. Sainsbury Plc v Morrison [2007] DRS 4457 (29 March 2007)

The complainant established rights in the 'Sainsburys' mark predating the domain registration. The respondent engaged in a pattern of abusive registrations, and failed to rebut the presumption of abusive registration. The domain name is therefore an abusive registration and should be transferred.

Citation
[2007] DRS 4457
Parties
Complainant: J. Sainsbury plc; Respondent: Mr. John Morrison
Jurisdiction
United Kingdom
Judgment Date
29 March 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

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 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

J. Sainsbury plc

Complainant

Mr. John Morrison

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 complainant established rights in the 'Sainsburys' mark predating the domain registration. The respondent engaged in a pattern of abusive registrations, and failed to rebut the presumption of abusive registration. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name sainsburysentertainment.co.uk is to be transferred to J. Sainsbury plc.