Slatter & Anor v Leach [2008] DRS 5477 (7 April 2008)

Slatter & Anor v Leach [2008] DRS 5477 (7 April 2008)

The complainants established rights in the 'Searchmate' mark through a registered trade mark and exclusive use since 2005. The domain name is identical to the mark. The respondent, having moved on to a competing business and not responding, holds the domain name in a manner considered abusive under the Policy, particularly as the complainants have exclusive use and likely paid for renewals. The domain name should be transferred to the complainant.

Citation
[2008] DRS 5477
Parties
Complainant: Adrian Slatter; Complainant: Searchmate UK Limited; Respondent: Russell Leach
Jurisdiction
United Kingdom
Judgment Date
07 April 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

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Parties

Adrian Slatter

Complainant

Searchmate UK Limited

Complainant

Russell Leach

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainants have 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 complainants established rights in the 'Searchmate' mark through a registered trade mark and exclusive use since 2005. The domain name is identical to the mark. The respondent, having moved on to a competing business and not responding, holds the domain name in a manner considered abusive under the Policy, particularly as the complainants have exclusive use and likely paid for renewals. The domain name should be transferred to the complainant.

Court Disposition

domain name transfer ordered

Orders

  • The domain name 'searchmate.co.uk' is to be transferred to the first complainant, Adrian Slatter.