Ordnance Survey -v- Symplan Map AG [2003] DRS 986 (24 July 2003)

Ordnance Survey -v- Symplan Map AG [2003] DRS 986 (24 July 2003)

The complainant established rights in the MASTERMAP mark through trade mark registration and goodwill. The respondent failed to demonstrate legitimate use or preparations to use the domain name. The domain name was not being used for a genuine business purpose and was being maintained primarily for sale at a premium or as a blocking mechanism, which constitutes abusive registration under the Policy.

Citation
[2003] DRS 986
Parties
Complainant: Ordnance Survey; Respondent: Symplan Map AG
Jurisdiction
United Kingdom
Judgment Date
24 July 2003
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
Complaint upheld; domain name transfer ordered.
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Abusive Registration

Case Brief

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Parties

Ordnance Survey

Complainant

Symplan Map AG

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in the 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 established rights in the MASTERMAP mark through trade mark registration and goodwill. The respondent failed to demonstrate legitimate use or preparations to use the domain name. The domain name was not being used for a genuine business purpose and was being maintained primarily for sale at a premium or as a blocking mechanism, which constitutes abusive registration under the Policy.

Court Disposition

Complaint upheld; domain name transfer ordered.

Orders

  • The domain name mastermap.co.uk is to be transferred to the complainant Ordnance Survey.