KonoPizza UK Ltd v Fox [2006] DRS 3414 (19 March 2006)

KonoPizza UK Ltd v Fox [2006] DRS 3414 (19 March 2006)

The complainant established rights in the 'KonoPizza' name through trademark licensing and agency, and the respondent provided no justification for registering the identical domain name, which is exclusively referable to the complainant. In the absence of explanation and given the timing and circumstances, the registration was found to be abusive and unfairly detrimental to the complainant's rights.

Citation
[2006] DRS 3414
Parties
Complainant: KonoPizza UK Limited; Respondent: Sally Fox
Jurisdiction
United Kingdom
Judgment Date
19 March 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration

Case Brief

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Parties

KonoPizza UK Limited

Complainant

Sally Fox

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 established rights in the 'KonoPizza' name through trademark licensing and agency, and the respondent provided no justification for registering the identical domain name, which is exclusively referable to the complainant. In the absence of explanation and given the timing and circumstances, the registration was found to be abusive and unfairly detrimental to the complainant's rights.

Court Disposition

domain name transfer ordered

Orders

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