Bae Systems Plc v Sime [2005] DRS 02242 (10 February 2005)

Bae Systems Plc v Sime [2005] DRS 02242 (10 February 2005)

The complainant has rights in the relevant marks. The domain names were registered by the respondent as an employee and agent of the complainant, at the complainant's expense, with the intention that they would be transferred to the complainant. The respondent's refusal to transfer is abusive and unfairly detrimental to the complainant's rights. The domain names are abusive registrations and must be transferred to the complainant.

Citation
[2005] DRS 02242
Parties
Complainant: BAE Systems plc; Respondent: Natasha Sime
Jurisdiction
United Kingdom
Judgment Date
10 February 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain names ordered to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration, Employer Employee Relationship
Intellectual Property Employment Law Information Technology Domain Name Disputes Trade Marks Abusive Registration Employer Employee Relationship

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Parties

BAE Systems plc

Complainant

Natasha Sime

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 names
  2. 2 Whether the domain names, in the hands of the respondent, are abusive registrations

Ratio Decidendi

The complainant has rights in the relevant marks. The domain names were registered by the respondent as an employee and agent of the complainant, at the complainant's expense, with the intention that they would be transferred to the complainant. The respondent's refusal to transfer is abusive and unfairly detrimental to the complainant's rights. The domain names are abusive registrations and must be transferred to the complainant.

Court Disposition

Complaint upheld; domain names ordered to be transferred to complainant.

Orders

  • All disputed domain names to be transferred to BAE Systems plc.