Sparco SRL -v- Bennett [2002] DRS 285 (2 June 2002)

Sparco SRL -v- Bennett [2002] DRS 285 (2 June 2002)

Although the complainant has rights in the name Sparco, the respondent's registration and intended use of the domain name are not abusive because the respondent has an existing business trading in Sparco products, and there is no evidence of intent to block, confuse, or otherwise act unfairly toward the complainant.

Citation
[2002] DRS 285
Parties
Complainant: Sparco s.r.l; Respondent: Mr Steven Bennett
Jurisdiction
United Kingdom
Judgment Date
02 June 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint denied
Legal Topics
Domain Names, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Names Trade Marks Abusive Registration

Case Brief

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Parties

Sparco s.r.l

Complainant

Mr Steven Bennett

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, in the hands of the respondent, is an abusive registration

Ratio Decidendi

Although the complainant has rights in the name Sparco, the respondent's registration and intended use of the domain name are not abusive because the respondent has an existing business trading in Sparco products, and there is no evidence of intent to block, confuse, or otherwise act unfairly toward the complainant.

Court Disposition

Complaint denied

Orders

  • The application to have the domain name transferred is denied.