Levantur SA Pza v Gerrity [2009] DRS 5902 (17 February 2009)

Levantur SA Pza v Gerrity [2009] DRS 5902 (17 February 2009)

The complainant has rights in the BAHIA PRINCIPE mark, which is identical to the domain name. The respondent failed to produce evidence of any agreement or permission to use the domain name. The respondent's use is likely to confuse users and is therefore abusive. The domain name constitutes an abusive registration and should be transferred to the complainant.

Citation
[2009] DRS 5902
Parties
Complainant: Levantur S. A.; Respondent: Sean Gerrity
Jurisdiction
United Kingdom
Judgment Date
17 February 2009
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2
Sign in to unlock

Parties

Levantur S. A.

Complainant

Sean Gerrity

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a mark identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has rights in the BAHIA PRINCIPE mark, which is identical to the domain name. The respondent failed to produce evidence of any agreement or permission to use the domain name. The respondent's use is likely to confuse users and is therefore abusive. The domain name constitutes an abusive registration and should be transferred to the complainant.

Court Disposition

domain name transferred to complainant

Orders

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