Societe Air France v Zembra [2009] DRS 6642 (23 April 2009)

Societe Air France v Zembra [2009] DRS 6642 (23 April 2009)

The adoption of domain names identical to the complainant's marks, even for an informational or tribute site, leads to unfair advantage and is unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.

Citation
[2009] DRS 6642
Parties
Complainant: Société Air France; Respondent: Pascal Zembra
Jurisdiction
United Kingdom
Judgment Date
23 April 2009
Procedural Posture
Domain Name Dispute / Expert Decision After Unsuccessful Mediation
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration, Fair Use, Tribute and Criticism Sites
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration Fair Use Tribute and Criticism Sites

Case Brief

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Parties

Société Air France

Complainant

Pascal Zembra

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision After Unsuccessful Mediation

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the disputed domain names
  2. 2 Whether the domain names in the hands of the respondent constitute abusive registrations

Ratio Decidendi

The adoption of domain names identical to the complainant's marks, even for an informational or tribute site, leads to unfair advantage and is unfairly detrimental to the complainant's rights, constituting abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • The disputed domain names airfrance-klm.co.uk and airfranceklm.co.uk are to be transferred to the complainant.