Internet AG -v- SSL [2003] DRS 1136 (12 October 2003)

Internet AG -v- SSL [2003] DRS 1136 (12 October 2003)

The complaint is admissible as a new action due to subsequent acquisition of registered trademark rights and ongoing abusive use of the domain name. The complainant has established rights in marks similar to the domain name, and the respondent's registration and use of the domain name is abusive, warranting transfer.

Citation
[2003] DRS 1136
Parties
Complainant: 1 & 1 Internet AG; Respondent: SSL
Jurisdiction
United Kingdom
Judgment Date
12 October 2003
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld; domain name to be transferred.
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration, Res Judicata
Intellectual Property Internet Law Domain Name Disputes Trademark Rights Abusive Registration Res Judicata

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Parties

1 & 1 Internet AG

Complainant

SSL

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complaint is admissible given prior proceedings (res judicata)
  2. 2 Whether the complainant has rights in a mark similar to the domain name
  3. 3 Whether the domain name registration is abusive

Ratio Decidendi

The complaint is admissible as a new action due to subsequent acquisition of registered trademark rights and ongoing abusive use of the domain name. The complainant has established rights in marks similar to the domain name, and the respondent's registration and use of the domain name is abusive, warranting transfer.

Court Disposition

Complaint upheld; domain name to be transferred.

Orders

  • Transfer of domain name 1and1.co.uk to the complainant.