Liz Claiborne Inc v Safenames [2006] DRS 3167 (19 January 2006)

Liz Claiborne Inc v Safenames [2006] DRS 3167 (19 January 2006)

The complainant has established rights in the LIZ CLAIBORNE mark, and the respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the Policy.

Citation
[2006] DRS 3167
Parties
Complainant: Liz Claiborne, Inc; Respondent: Safenames
Jurisdiction
United Kingdom
Judgment Date
19 January 2006
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Liz Claiborne, Inc

Complainant

Safenames

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has established rights in the LIZ CLAIBORNE mark, and the respondent's registration and use of the domain name took unfair advantage of those rights, constituting abusive registration under the Policy.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name lizclaiborne.co.uk is to be transferred to the complainant.