Merck KGaA v Solo [2007] DRS 4590 (5 June 2007)
The complainant has established rights in the name 'Merck' through UK trademarks and substantial business presence. The domain name is identical to the complainant's mark. The respondent has no legitimate interest, failed to respond, and has engaged in a pattern of registering domain names corresponding to well-known marks. The registration is abusive under the Policy.
- Citation
- [2007] DRS 4590
- Parties
- Complainant: Merck KGaA; Respondent: Solo
- Jurisdiction
- United Kingdom
- Judgment Date
- 05 June 2007
- Procedural Posture
- Domain Name Dispute / Decision of Independent Expert
- Outcome
- Complaint upheld; domain name to be transferred to complainant.
- Legal Topics
- Domain Name Disputes, Trademark Infringement, Passing Off, Abusive Registration
Case Brief
Summary, issues, holding and outcome
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Parties
Merck KGaA
Complainant
Solo
Respondent
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Legal Issues
- 1 Whether the complainant has rights in a name or mark identical or similar to the domain name
- 2 Whether the domain name is an abusive registration
Ratio Decidendi
The complainant has established rights in the name 'Merck' through UK trademarks and substantial business presence. The domain name is identical to the complainant's mark. The respondent has no legitimate interest, failed to respond, and has engaged in a pattern of registering domain names corresponding to well-known marks. The registration is abusive under the Policy.
Court Disposition
Complaint upheld; domain name to be transferred to complainant.
Orders
- The domain name merck.co.uk shall be transferred to Merck KGaA.
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