Mactra Shop Equipment & Fittings Ltd v Sunshine Maritime Ltd [2005] DRS 002284 (18 January 2005)

The complainant has rights in a name or mark identical to the domain name, and the respondent's use of the domain name to sell competing products after losing distributorship is likely to cause confusion and is unfairly detrimental to the complainant's rights, constituting abusive registration.

Source-derived case information.

Citation: [2005] DRS 002284
Parties: Complainant: Mactra Shop Equipment & Fittings Limited; Respondent: Sunshine Maritime Limited
Jurisdiction: United Kingdom
Judgment Date: 18 January 2005
Procedural Posture: Domain Name Dispute / Expert Determination
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Registration, Trademark Rights, Abusive Registration

Intellectual Property Internet Law Domain Name Registration Trademark Rights Abusive Registration

Source-derived case record

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Parties

Mactra Shop Equipment & Fittings Limited

Complainant

Sunshine Maritime Limited

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

1 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name
2 Whether the domain name, in the hands of the respondent, is an abusive registration

Ratio Decidendi

Court Disposition

Domain name transferred to complainant

Orders

schenker-watermakers.co.uk to be transferred to Mactra Shop Equipment & Fittings Limited

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