Luke (t/a By Lauren Luke) v Secret Network [2009] DRS 7418 (18 August 2009)

Luke (t/a By Lauren Luke) v Secret Network [2009] DRS 7418 (18 August 2009)

The complainant established common law trademark rights in her name and brand. The respondent used the domain name in a way that confused visitors and took unfair advantage of the complainant's reputation, constituting abusive registration. The domain name must be transferred to the complainant.

Citation
[2009] DRS 7418
Parties
Complainant: Lauren Luke; Respondent: Secret Network
Jurisdiction
United Kingdom
Judgment Date
18 August 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Passing Off, Common Law Trademark Rights, Abusive Registration, Domain Name Transfer
Intellectual Property Domain Name Law Passing Off Common Law Trademark Rights Abusive Registration Domain Name Transfer

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 3 Party arguments 2
Sign in to unlock

Parties

Lauren Luke

Complainant

Secret Network

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 is an abusive registration

Ratio Decidendi

The complainant established common law trademark rights in her name and brand. The respondent used the domain name in a way that confused visitors and took unfair advantage of the complainant's reputation, constituting abusive registration. The domain name must be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

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