OSRAM GmbH Osram Bikes [2009] DRS 7779 (21 December 2009)

OSRAM GmbH Osram Bikes [2009] DRS 7779 (21 December 2009)

The complainant owns enforceable trademark rights in 'OSRAM', which is similar to the disputed domain name. The respondent registered and used the domain name with knowledge of the complainant's brand, intending to exploit its goodwill and cause confusion. The respondent provided no legitimate explanation for the use of 'OSRAM' and failed to rebut the allegations. Both limbs of the abusive registration definition are satisfied: the registration took unfair advantage of the complainant's rights and was used in a manner likely to confuse the public into believing an association with the complainant.

Citation
[2009] DRS 7779
Parties
Complainant: OSRAM GmbH KG; Respondent: Osram Bikes
Jurisdiction
United Kingdom
Judgment Date
21 December 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trademark Infringement, Abusive Registration, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Law Trademark Infringement Abusive Registration Passing Off Domain Name Transfer

Case Brief

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Parties

OSRAM GmbH KG

Complainant

Osram Bikes

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant owns enforceable trademark rights in 'OSRAM', which is similar to the disputed domain name. The respondent registered and used the domain name with knowledge of the complainant's brand, intending to exploit its goodwill and cause confusion. The respondent provided no legitimate explanation for the use of 'OSRAM' and failed to rebut the allegations. Both limbs of the abusive registration definition are satisfied: the registration took unfair advantage of the complainant's rights and was used in a manner likely to confuse the public into believing an association with the complainant.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name 'osram-bikes.co.uk' is to be transferred to the complainant.