ZM International Inc v Status One Apparel [2007] DRS 4242 (21 February 2006)

ZM International Inc v Status One Apparel [2007] DRS 4242 (21 February 2006)

The complainant established rights in KIDORABLE through a Community Trade Mark filed before the domain registration. The respondent, as a former reseller, was aware of these rights and registered the domain primarily to disrupt the complainant's business or block its use, constituting abusive registration.

Citation
[2007] DRS 4242
Parties
Complainant: ZM International, Inc; Respondent: Status One Apparel
Jurisdiction
United Kingdom
Judgment Date
21 February 2006
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name to be transferred to the complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Marks Abusive Registration

Case Brief

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Parties

ZM International, Inc

Complainant

Status One Apparel

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in the name KIDORABLE identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant established rights in KIDORABLE through a Community Trade Mark filed before the domain registration. The respondent, as a former reseller, was aware of these rights and registered the domain primarily to disrupt the complainant's business or block its use, constituting abusive registration.

Court Disposition

Domain name to be transferred to the complainant

Orders

  • The domain name kidorable.co.uk is to be transferred to ZM International, Inc.