Guilbert UK Holdings Ltd v Morrison [2005] DRS 02775 (5 September 2005)

Guilbert UK Holdings Ltd v Morrison [2005] DRS 02775 (5 September 2005)

Complainant established rights in the GUILBERT name and trademarks; respondent's registration and use of the domain name was found, on balance of probabilities, to be abusive and intended to disrupt the complainant's business.

Citation
[2005] DRS 02775
Parties
Complainant: Guilbert UK Holdings Limited; Respondent: Robert Morrison
Jurisdiction
United Kingdom
Judgment Date
05 September 2005
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Application succeeded
Legal Topics
Trademark Infringement, Domain Name Registration, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Registration Abusive Registration

Case Brief

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Parties

Guilbert UK Holdings Limited

Complainant

Robert Morrison

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 disputed domain name
  2. 2 Whether the domain name in the hands of the respondent constitutes an abusive registration

Ratio Decidendi

Complainant established rights in the GUILBERT name and trademarks; respondent's registration and use of the domain name was found, on balance of probabilities, to be abusive and intended to disrupt the complainant's business.

Court Disposition

Application succeeded

Orders

  • Domain name to be transferred to the complainant