ARNEG SPA v Apex Storage Equipment (arneg.co.uk) [2009] DRS 7146 (22 September 2009)

ARNEG SPA v Apex Storage Equipment (arneg.co.uk) [2009] DRS 7146 (22 September 2009)

The complainant has rights in the mark 'Arneg', which is identical to the domain name. The respondent registered and used the domain name without authorisation, initially to promote its own products and subsequently to link to a parking page with sponsored links to competitors. This conduct takes unfair advantage of...

Source-derived case information.

Citation
[2009] DRS 7146
Parties
Complainant: Arneg S.p. A.; Respondent: Shelf Masters Ltd
Jurisdiction
United Kingdom
Judgment Date
22 September 2009
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transfer ordered
Legal Topics
Trademark Infringement, Domain Name Registration, Abusive Registration, Passing Off
Intellectual Property Internet Law Trademark Infringement Domain Name Registration Abusive Registration Passing Off

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Parties

Arneg S.p. A.

Complainant

Shelf Masters Ltd

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a mark identical 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 rights in the mark 'Arneg', which is identical to the domain name. The respondent registered and used the domain name without authorisation, initially to promote its own products and subsequently to link to a parking page with sponsored links to competitors. This conduct takes unfair advantage of the complainant's rights and constitutes abusive registration under the Nominet DRS Policy.

Court Disposition

Domain name transfer ordered

Orders

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