Black Market Merchandising Ltd v Andersson-Gylden [2006] DRS 3613 (7 July 2006)

Black Market Merchandising Ltd v Andersson-Gylden [2006] DRS 3613 (7 July 2006)

The complainant has rights in a mark similar to the domain name, but has not proved on the balance of probabilities that the domain name, in the hands of the respondent, is an abusive registration under the Policy. The respondent's long-standing use of the stage name, trade mark registration, and absence of evidence of confusion or bad faith use point away from abusive registration.

Citation
[2006] DRS 3613
Parties
Complainant: Black Market Merchandising Ltd; Respondent: Nicholas Andersson-Gylden
Jurisdiction
United Kingdom
Judgment Date
07 July 2006
Procedural Posture
Domain Name Dispute (nominet UK Dispute Resolution Service) / Expert Determination
Outcome
Complaint refused
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration, Goodwill
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration Goodwill

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Parties

Black Market Merchandising Ltd

Complainant

Nicholas Andersson-Gylden

Respondent

Procedural Posture

Domain Name Dispute (nominet UK Dispute Resolution Service) / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The complainant has rights in a mark similar to the domain name, but has not proved on the balance of probabilities that the domain name, in the hands of the respondent, is an abusive registration under the Policy. The respondent's long-standing use of the stage name, trade mark registration, and absence of evidence of confusion or bad faith use point away from abusive registration.

Court Disposition

Complaint refused