Bacardi & Company Ltd -v- Strathmade Ltd [2002] DRS 400 (12 July 2002)

Bacardi & Company Ltd -v- Strathmade Ltd [2002] DRS 400 (12 July 2002)

The domain name bacardibreezer.co.uk is identical or similar to the complainant's registered trade mark BACARDI BREEZER. The respondent had no legitimate interest or authorization and registered the domain name in a manner that took unfair advantage of the complainant's rights, constituting an abusive registration under the Nominet Policy. The domain name must be transferred to the complainant.

Citation
[2002] DRS 400
Parties
Complainant: Bacardi & Company Limited; Respondent: Strathmade Limited
Jurisdiction
United Kingdom
Judgment Date
12 July 2002
Procedural Posture
Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service
Outcome
Complaint upheld; domain name transfer ordered.
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

Bacardi & Company Limited

Complainant

Strathmade Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination Under Nominet UK Dispute Resolution Service

Legal Issues

  1. 1 Whether the domain name bacardibreezer.co.uk is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet Policy

Ratio Decidendi

The domain name bacardibreezer.co.uk is identical or similar to the complainant's registered trade mark BACARDI BREEZER. The respondent had no legitimate interest or authorization and registered the domain name in a manner that took unfair advantage of the complainant's rights, constituting an abusive registration under the Nominet Policy. The domain name must be transferred to the complainant.

Court Disposition

Complaint upheld; domain name transfer ordered.

Orders

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