Dell Inc -v- Ronnie Lamont/PC Warehouse [2004] DRS 1805 (8 October 2004)

Dell Inc -v- Ronnie Lamont/PC Warehouse [2004] DRS 1805 (8 October 2004)

The complainant has rights in the marks DELL and Dell Outlet, which are similar or identical to the domain name. The respondent's registration and use of delloutlet.co.uk is liable to be perceived as representing an official or approved Dell outlet, taking unfair advantage of Dell's rights. The respondent's arguments of generic use and local association were unconvincing and unsupported by evidence. The domain name is an abusive registration and should be transferred to the complainant.

Citation
[2004] DRS 1805
Parties
Complainant: Dell Inc.; Respondent: Ronnie Lamont/PC Warehouse
Jurisdiction
United Kingdom
Judgment Date
08 October 2004
Procedural Posture
Domain Name Dispute / Expert Determination Under Nominet DRS
Outcome
Domain name transferred to complainant
Legal Topics
Domain Names, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Names Trade Marks Passing Off Abusive Registration

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Parties

Dell Inc.

Complainant

Ronnie Lamont/PC Warehouse

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination Under Nominet DRS

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 in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant has rights in the marks DELL and Dell Outlet, which are similar or identical to the domain name. The respondent's registration and use of delloutlet.co.uk is liable to be perceived as representing an official or approved Dell outlet, taking unfair advantage of Dell's rights. The respondent's arguments of generic use and local association were unconvincing and unsupported by evidence. The domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name delloutlet.co.uk is to be transferred to Dell Inc.