V&S Vin & Spirit AB -v- O'Connor [2003] DRS 726 (14 February 2003)

V&S Vin & Spirit AB -v- O'Connor [2003] DRS 726 (14 February 2003)

The complainant established rights in the ABSOLUT mark, which is similar to the disputed domain name. The respondent's use of the domain name, particularly omitting the 'E' in 'ABSOLUT', was found to be intended to take unfair advantage of the complainant's brand, especially given the association with pornography, and was not honest. The domain name was therefore an abusive registration.

Citation
[2003] DRS 726
Parties
Complainant: V&S Vin & Spirit AB; Respondent: Sean O’Connor
Jurisdiction
United Kingdom
Judgment Date
14 February 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Trademark Infringement, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trademark Infringement Domain Name Disputes Abusive Registration

Case Brief

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Parties

V&S Vin & Spirit AB

Complainant

Sean O’Connor

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 disputed 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 ABSOLUT mark, which is similar to the disputed domain name. The respondent's use of the domain name, particularly omitting the 'E' in 'ABSOLUT', was found to be intended to take unfair advantage of the complainant's brand, especially given the association with pornography, and was not honest. The domain name was therefore an abusive registration.

Court Disposition

Complaint upheld

Orders

  • The disputed domain name absolutescorts.co.uk is to be transferred to the complainant forthwith.