Black Market Merchandising Ltd v Shango Ltd [2006] DRS 3312 (15 March 2006)

Black Market Merchandising Ltd v Shango Ltd [2006] DRS 3312 (15 March 2006)

The complainant established rights in the name 'Black Market' through registered trade mark and common law use. The respondent's continued use of the domain name after the licence expired, including misleading references to 'Black Market' on the website, took unfair advantage of the complainant's trade mark and constituted abusive registration.

Citation
[2006] DRS 3312
Parties
Complainant: Black Market Merchandising Limited; Respondent: Shango Limited
Jurisdiction
United Kingdom
Judgment Date
15 March 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Domain name transferred to complainant
Legal Topics
Trade Marks, Passing Off, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trade Marks Passing Off Domain Name Disputes Abusive Registration

Case Brief

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Parties

Black Market Merchandising Limited

Complainant

Shango Limited

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

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 in the hands of the respondent

Ratio Decidendi

The complainant established rights in the name 'Black Market' through registered trade mark and common law use. The respondent's continued use of the domain name after the licence expired, including misleading references to 'Black Market' on the website, took unfair advantage of the complainant's trade mark and constituted abusive registration.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name blackmarket.co.uk should be transferred to the complainant.