Aer Arann v Morrison (t/a DHG) [2006] DRS 3836 (27 September 2006)
The complainant has rights in the name AER ARANN, which is identical or similar to the domain names. The respondent's history of abusive registrations and lack of rebuttal establish a presumption of abusive registration. The domain names were registered and used in a manner unfairly detrimental to the complainant's rights.
- Citation
- [2006] DRS 3836
- Parties
- Complainant: Aer Arann; Respondent: Robert Morrison trading as DHG
- Jurisdiction
- United Kingdom
- Judgment Date
- 27 September 2006
- Procedural Posture
- Domain Name Dispute / Expert Determination
- Outcome
- Domain names to be transferred to complainant
- Legal Topics
- Domain Name Registration, Trademark Rights, Abusive Registration, Passing Off
Case Brief
Summary, issues, holding and outcome
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Parties
Aer Arann
Complainant
Robert Morrison trading as DHG
Respondent
Procedural Posture
Domain Name Dispute / Expert Determination
Legal Issues
- 1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain names
- 2 Whether the domain names in the hands of the respondent constitute an abusive registration
Ratio Decidendi
The complainant has rights in the name AER ARANN, which is identical or similar to the domain names. The respondent's history of abusive registrations and lack of rebuttal establish a presumption of abusive registration. The domain names were registered and used in a manner unfairly detrimental to the complainant's rights.
Court Disposition
Domain names to be transferred to complainant
Orders
- Transfer of aerarann.co.uk and aeraran.co.uk to Aer Arann
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