Mulberry Company (Design) Ltd v Suchknecht [2007] DRS 4158 (30 January 2007)

Mulberry Company (Design) Ltd v Suchknecht [2007] DRS 4158 (30 January 2007)

The respondent registered the domain name immediately after it lapsed, offered to sell it to the complainant for €250, and had no association with the name 'mulberry', evidencing registration primarily for valuable consideration in excess of out-of-pocket costs, constituting abusive registration.

Citation
[2007] DRS 4158
Parties
Complainant: Mulberry Company (Design) Ltd; Respondent: Suchknecht
Jurisdiction
United Kingdom
Judgment Date
30 January 2007
Procedural Posture
Domain Name Dispute / Decision by Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Registration, Trademark Rights, Abusive Registration
Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

Case Brief

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Parties

Mulberry Company (Design) Ltd

Complainant

Suchknecht

Respondent

Procedural Posture

Domain Name Dispute / Decision by Independent Expert

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 respondent registered the domain name immediately after it lapsed, offered to sell it to the complainant for €250, and had no association with the name 'mulberry', evidencing registration primarily for valuable consideration in excess of out-of-pocket costs, constituting abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain name mulberryengland.co.uk to be transferred to the complainant