ACCOR SA v Love [2006] DRS 3136 (24 January 2006)

ACCOR SA v Love [2006] DRS 3136 (24 January 2006)

The respondent registered a domain name identical to the complainant's well-known trademark, was aware of the trademark, had no legitimate rights or connection to the mark, and provided no explanation for the registration. The only conceivable reason for registration was to take unfair advantage of the complainant's goodwill. This constitutes abusive registration under the DRS Policy.

Citation
[2006] DRS 3136
Parties
Complainant: ACCOR S. A.; Respondent: Peter Love
Jurisdiction
United Kingdom
Judgment Date
24 January 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Trademark Infringement, Domain Name Dispute, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Dispute Abusive Registration

Case Brief

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Parties

ACCOR S. A.

Complainant

Peter Love

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 respondent registered a domain name identical to the complainant's well-known trademark, was aware of the trademark, had no legitimate rights or connection to the mark, and provided no explanation for the registration. The only conceivable reason for registration was to take unfair advantage of the complainant's goodwill. This constitutes abusive registration under the DRS Policy.

Court Disposition

Domain name transferred to complainant

Orders

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