Morgan Stanley v. Kerr [2008] DRS 5306 (08 February 2008)

Morgan Stanley v. Kerr [2008] DRS 5306 (08 February 2008)

The complainant has established rights in the 'Dean Witter' name and mark, which is identical to the domain name. The respondent's registration and use of the domain name took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting an abusive registration under the DRS Policy.

Citation
[2008] DRS 5306
Parties
Complainant: Morgan Stanley; Respondent: Patrick Kerr
Jurisdiction
United Kingdom
Judgment Date
08 February 2008
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
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

Morgan Stanley

Complainant

Patrick Kerr

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 name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

The complainant has established rights in the 'Dean Witter' name and mark, which is identical to the domain name. The respondent's registration and use of the domain name took unfair advantage of and was unfairly detrimental to the complainant's rights, constituting an abusive registration under the DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name deanwitter.co.uk is to be transferred to the complainant.