Societe Air France v Langton [2006] DRS 3887 (29 September 2006)

Societe Air France v Langton [2006] DRS 3887 (29 September 2006)

The complainant owns rights in the mark 'AIR FRANCE', which is closely similar to the disputed domain name. The respondent registered the domain to take advantage of typographical errors by users seeking the complainant's site, constituting abusive registration. The respondent's use of the domain to generate affiliate commissions further supports the finding of abuse. The complainant has proven both limbs of abusive registration under the Policy.

Citation
[2006] DRS 3887
Parties
Complainant: Société Air France; Respondent: Rob Langton
Jurisdiction
United Kingdom
Judgment Date
29 September 2006
Procedural Posture
Domain Name Dispute (nominet UK Dispute Resolution Service) / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration Passing Off

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Parties

Société Air France

Complainant

Rob Langton

Respondent

Procedural Posture

Domain Name Dispute (nominet UK Dispute Resolution Service) / 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 under the Nominet Policy

Ratio Decidendi

The complainant owns rights in the mark 'AIR FRANCE', which is closely similar to the disputed domain name. The respondent registered the domain to take advantage of typographical errors by users seeking the complainant's site, constituting abusive registration. The respondent's use of the domain to generate affiliate commissions further supports the finding of abuse. The complainant has proven both limbs of abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • The domain name wwwairfrance.co.uk is to be transferred to Société Air France.