Imperial Tobacco Ltd -v- Swoon [2003] DRS 761 (20 January 2003)

Imperial Tobacco Ltd -v- Swoon [2003] DRS 761 (20 January 2003)

The complainant has rights in the name 'Imperial Tobacco' which is identical to the domain name, and the respondent has no legitimate purpose for the registration, making it an abusive registration under the Policy.

Citation
[2003] DRS 761
Parties
Complainant: Imperial Tobacco Limited; Respondent: Swoon
Jurisdiction
United Kingdom
Judgment Date
20 January 2003
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Imperial Tobacco Limited

Complainant

Swoon

Respondent

Procedural Posture

Domain Name Dispute / Decision of 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 is an abusive registration in the hands of the respondent

Ratio Decidendi

The complainant has rights in the name 'Imperial Tobacco' which is identical to the domain name, and the respondent has no legitimate purpose for the registration, making it an abusive registration under the Policy.

Court Disposition

Complaint upheld

Orders

  • The domain name <imperialtobacco.co.uk> is to be transferred to the complainant.