Rockstar Ganes v Postmodern Concepts Inc [2008] DRS 5295 (28 January 2008)

Rockstar Ganes v Postmodern Concepts Inc [2008] DRS 5295 (28 January 2008)

The complainant has established rights in the marks ROCKSTAR and ROCKSTAR LONDON, and the domain name is identical or similar to those marks. The respondent registered and used the domain name to take unfair advantage of the complainant's mark for financial gain by confusing users, constituting abusive registration.

Citation
[2008] DRS 5295
Parties
Complainant: Rockstar Games; Respondent: Postmodern Concepts Inc
Jurisdiction
United Kingdom
Judgment Date
28 January 2008
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Cybersquatting
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Cybersquatting

Case Brief

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Parties

Rockstar Games

Complainant

Postmodern Concepts Inc

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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

Ratio Decidendi

The complainant has established rights in the marks ROCKSTAR and ROCKSTAR LONDON, and the domain name is identical or similar to those marks. The respondent registered and used the domain name to take unfair advantage of the complainant's mark for financial gain by confusing users, constituting abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name is to be transferred to Rockstar Games