SMS Passcode A/S v SecurEnvoy Ltd [2010] DRS 7871 (03 March 2010)

SMS Passcode A/S v SecurEnvoy Ltd [2010] DRS 7871 (03 March 2010)

The complainant has established, on the balance of probabilities, enforceable rights in 'SMS PASSCODE' through a registered Community Trade Mark and extensive use. The respondent, aware of the complainant and its rights, registered and used the domain name in a manner likely to cause initial interest confusion and...

Source-derived case information.

Citation
[2010] DRS 7871
Parties
Complainant: SMS Passcode A/S; Respondent: SecurEnvoy Limited
Jurisdiction
United Kingdom
Judgment Date
03 March 2010
Procedural Posture
Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name to be transferred to complainant.
Legal Topics
Trade Marks, Passing Off, Abusive Registration, Initial Interest Confusion, Community Trade Mark, Descriptive Terms, Secondary Meaning
Intellectual Property Domain Name Disputes Trade Marks Passing Off Abusive Registration Initial Interest Confusion Community Trade Mark Descriptive Terms +1 more

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Parties

SMS Passcode A/S

Complainant

SecurEnvoy Limited

Respondent

Procedural Posture

Nominet UK Dispute Resolution Service (drs) Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has enforceable rights in the name 'SMS PASSCODE' 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 has established, on the balance of probabilities, enforceable rights in 'SMS PASSCODE' through a registered Community Trade Mark and extensive use. The respondent, aware of the complainant and its rights, registered and used the domain name in a manner likely to cause initial interest confusion and to take unfair advantage of the complainant's rights. The respondent's explanations were found implausible and evasive. The domain name is therefore an abusive registration and must be transferred to the complainant.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • The domain name 'smspasscode.co.uk' is to be transferred to SMS Passcode A/S.