LinkedIn Corporation v Clarke [2008] DRS 5408 (25 March 2008)

LinkedIn Corporation v Clarke [2008] DRS 5408 (25 March 2008)

The complainant has established rights in the mark LinkedIn, which is identical to the domain name, and the respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to the complainant's rights, constituting abusive registration.

Citation
[2008] DRS 5408
Parties
Complainant: LinkedIn Corporation; Respondent: Nigel Clarke
Jurisdiction
United Kingdom
Judgment Date
25 March 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

Case Brief

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Parties

LinkedIn Corporation

Complainant

Nigel Clarke

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the mark 'LinkedIn' identical to the domain name
  2. 2 Whether the domain name is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has established rights in the mark LinkedIn, which is identical to the domain name, and the respondent's registration and use of the domain name took unfair advantage of or was unfairly detrimental to the complainant's rights, constituting abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain name linkedin.co.uk to be transferred to the complainant