Carnival Plc, Trading As P&O Cruises v Bernsteiner [2008] DRS 5666 (20 June 2008)

Carnival Plc, Trading As P&O Cruises v Bernsteiner [2008] DRS 5666 (20 June 2008)

The complainant demonstrated rights in the P&O and P&O CRUISES marks, and the respondent's registration and use of the domain name was found to be abusive, as it took unfair advantage of the complainant's goodwill and was part of a pattern of registering domain names corresponding to well-known marks without rights.

Citation
[2008] DRS 5666
Parties
Complainant: Carnival plc, trading as P&O Cruises; Respondent: Stefan Bernsteiner
Jurisdiction
United Kingdom
Judgment Date
20 June 2008
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Abusive Registration

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Parties

Carnival plc, trading as P&O Cruises

Complainant

Stefan Bernsteiner

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The complainant demonstrated rights in the P&O and P&O CRUISES marks, and the respondent's registration and use of the domain name was found to be abusive, as it took unfair advantage of the complainant's goodwill and was part of a pattern of registering domain names corresponding to well-known marks without rights.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name is to be transferred to the complainant.