itravel Individual Travel GmbH v R & M Development Ltd [2008] DRS 5676 (15 May 2008)

itravel Individual Travel GmbH v R & M Development Ltd [2008] DRS 5676 (15 May 2008)

The domain name was used in an abusive manner by Respondent, who offered it for sale at a price far exceeding out-of-pocket costs after being made aware of Complainant's rights, made false statements regarding its intentions, and failed to demonstrate legitimate rights or use. The combination of these factors, on the balance of probabilities, establishes abusive registration.

Citation
[2008] DRS 5676
Parties
Complainant: itravel Individual Travel GmbH; Respondent: R & M Development Limited
Jurisdiction
United Kingdom
Judgment Date
15 May 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Trademark Rights Abusive Registration

Case Brief

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Parties

itravel Individual Travel GmbH

Complainant

R & M Development Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a 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 domain name was used in an abusive manner by Respondent, who offered it for sale at a price far exceeding out-of-pocket costs after being made aware of Complainant's rights, made false statements regarding its intentions, and failed to demonstrate legitimate rights or use. The combination of these factors, on the balance of probabilities, establishes abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of domain name to itravel Individual Travel GmbH