Samsung Electronics Co Ltd v Morrison [2006] DRS 3702 (30 June 2006)

Samsung Electronics Co Ltd v Morrison [2006] DRS 3702 (30 June 2006)

The complainant has established rights in trade marks identical or similar to the domain name, and the respondent has been found to have made abusive registrations in at least six DRS cases in the last two years. The respondent did not rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Citation
[2006] DRS 3702
Parties
Complainant: Samsung Electronics Co., Ltd.; Respondent: Robert Morrison
Jurisdiction
United Kingdom
Judgment Date
30 June 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Trade Marks, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Law Trade Marks Abusive Registration Domain Name Transfer

Case Brief

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Parties

Samsung Electronics Co., Ltd.

Complainant

Robert Morrison

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 established rights in trade marks identical or similar to the domain name, and the respondent has been found to have made abusive registrations in at least six DRS cases in the last two years. The respondent did not rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name samsungcameras.co.uk is to be transferred to the complainant.