L'Oreal S.A. v Mr Richard Murphy (Full Decision _Transfer) [2011] DRS 10419 (19 December 2011)

L'Oreal S.A. v Mr Richard Murphy (Full Decision _Transfer) [2011] DRS 10419 (19 December 2011)

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's established trade mark rights.

Citation
[2011] DRS 10419
Parties
Complainant: L'Oreal S. A.; Respondent: Mr Richard Murphy
Jurisdiction
United Kingdom
Judgment Date
19 December 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Trade Mark Infringement, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Law Trade Mark Infringement Passing Off Domain Name Transfer

Case Brief

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Parties

L'Oreal S. A.

Complainant

Mr Richard Murphy

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the respondent's registration of the disputed domain name constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's established trade mark rights.

Court Disposition

Complaint upheld

Orders

  • Transfer of the disputed domain name to the complainant