Zippo Manufacturing Company -v- Robinson [2002] DRS 341 (17 May 2002)

Zippo Manufacturing Company -v- Robinson [2002] DRS 341 (17 May 2002)

The respondent's use of the domain name zippo-lighters.co.uk is likely to cause confusion and lead consumers to believe the website is authorised by the complainant, thereby taking unfair advantage of and being unfairly detrimental to the complainant's trade mark rights. This constitutes an abusive registration...

Source-derived case information.

Citation
[2002] DRS 341
Parties
Complainant: Zippo Manufacturing Company; Respondent: Ronald Robinson
Jurisdiction
United Kingdom
Judgment Date
17 May 2002
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to complainant
Legal Topics
Trade Marks, Domain Name Disputes, Passing Off, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Passing Off Abusive Registration

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Parties

Zippo Manufacturing Company

Complainant

Ronald Robinson

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the domain name zippo-lighters.co.uk is an abusive registration under Nominet UK's Dispute Resolution Service Policy
  2. 2 Whether the respondent's use of the domain name takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The respondent's use of the domain name zippo-lighters.co.uk is likely to cause confusion and lead consumers to believe the website is authorised by the complainant, thereby taking unfair advantage of and being unfairly detrimental to the complainant's trade mark rights. This constitutes an abusive registration under the Policy.

Court Disposition

Domain name to be transferred to complainant

Orders

  • Transfer of the domain name zippo-lighters.co.uk to Zippo Manufacturing Company