Colgate-Palmolive Company v Premium Domain [2005] DRS 02415 (25 April 2005)

Colgate-Palmolive Company v Premium Domain [2005] DRS 02415 (25 April 2005)

The complainant has rights in the COLGATE-PALMOLIVE mark, which is identical to the domain name. The respondent's registration and use of the domain name, including offering it for sale at a price far exceeding out-of-pocket costs and using it to display sponsored links, constitute abusive registration as defined by the Policy. The domain name is to be transferred to the complainant.

Citation
[2005] DRS 02415
Parties
Complainant: Colgate-Palmolive Company; Respondent: Premium Domain
Jurisdiction
United Kingdom
Judgment Date
25 April 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off Abusive Registration

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Parties

Colgate-Palmolive Company

Complainant

Premium Domain

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has rights in the COLGATE-PALMOLIVE mark, which is identical to the domain name. The respondent's registration and use of the domain name, including offering it for sale at a price far exceeding out-of-pocket costs and using it to display sponsored links, constitute abusive registration as defined by the Policy. The domain name is to be transferred to the complainant.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name colgate-palmolive.co.uk is to be transferred to the complainant.