Booker Cash & Carry Ltd -v- Smith [2004] DRS 1964 (11 October 2004)

Booker Cash & Carry Ltd -v- Smith [2004] DRS 1964 (11 October 2004)

The complainant established rights in the 'Happy Shopper' mark identical to the domain name, and the respondent's registration was found abusive as it took unfair advantage of the complainant's rights and goodwill, with no credible explanation or evidence of fair use from the respondent.

Citation
[2004] DRS 1964
Parties
Complainant: Booker Cash & Carry Ltd; Respondent: Ms Amy Smith
Jurisdiction
United Kingdom
Judgment Date
11 October 2004
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
complaint upheld
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Booker Cash & Carry Ltd

Complainant

Ms Amy Smith

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the 'Happy Shopper' mark identical or similar to the disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the 'Happy Shopper' mark identical to the domain name, and the respondent's registration was found abusive as it took unfair advantage of the complainant's rights and goodwill, with no credible explanation or evidence of fair use from the respondent.

Court Disposition

complaint upheld

Orders

  • The domain name happyshopper.co.uk is to be transferred to the complainant forthwith.