Pierre Balmain SA v Balmain & Balmain (Appeal for case D00012174 _Appeal: Upheld - No Action) [2013] DRS 12174 (09 July 2013)

The appeal panel found that the appellant failed to prove that the respondent's registration was abusive under the DRS Policy, and therefore no action was warranted.

Citation: [2013] DRS 12174
Parties: Appellant: Pierre Balmain SA; Respondent: Balmain & Balmain
Jurisdiction: United Kingdom
Judgment Date: 09 July 2013
Procedural Posture: Domain Name Dispute Appeal / Appeal Decision
Outcome: appeal upheld - no action
Legal Topics: Domain Name Disputes, Trademark Infringement

Intellectual Property Internet Law Domain Name Disputes Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Pierre Balmain SA

Appellant

Balmain & Balmain

Respondent

Procedural Posture

Domain Name Dispute Appeal / Appeal Decision

Legal Issues

1 whether the domain name registration was abusive
2 whether the respondent had legitimate rights or interests in the domain name

Ratio Decidendi

The appeal panel found that the appellant failed to prove that the respondent's registration was abusive under the DRS Policy, and therefore no action was warranted.

Court Disposition

appeal upheld - no action