Levi-Strauss & Co -v- Baxter [2003] DRS B4 (28 February 2003)

Levi-Strauss & Co -v- Baxter [2003] DRS B4 (28 February 2003)

The complainant has registered trade mark rights in 'LEVI'S' and 'LEVI STRAUSS', which are identical or similar to the domain name. The domain name was registered primarily for sale and as part of a pattern of abusive registrations. The respondent provided no legitimate justification. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Citation
[2003] DRS B4
Parties
Complainant: Levi-Strauss & Co.; Respondent: Sharon Baxter
Jurisdiction
United Kingdom
Judgment Date
28 February 2003
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Trade Marks, Domain Name Disputes, Abusive Registration
Intellectual Property Internet Law Trade Marks Domain Name Disputes Abusive Registration

Case Brief

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Parties

Levi-Strauss & Co.

Complainant

Sharon Baxter

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 has registered trade mark rights in 'LEVI'S' and 'LEVI STRAUSS', which are identical or similar to the domain name. The domain name was registered primarily for sale and as part of a pattern of abusive registrations. The respondent provided no legitimate justification. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Complaint upheld

Orders

  • The domain name levis-strauss.co.uk is to be transferred to the complainant.