Morgan Stanley, Re [2005] DRS 2959 (8 November 2005)

Morgan Stanley, Re [2005] DRS 2959 (8 November 2005)

The complainant established rights in the 'Morgan Stanley' mark, which is similar to the disputed domain name. The respondent's registration and use of the domain name constituted typosquatting, likely to confuse users and take unfair advantage of the complainant's rights. The respondent failed to rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Citation
[2005] DRS 2959
Parties
Complainant: Morgan Stanley; Respondent: Unknown
Jurisdiction
United Kingdom
Judgment Date
08 November 2005
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Domain name to be transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off, Typosquatting
Intellectual Property Information Technology Domain Name Disputes Trade Marks Passing Off Typosquatting

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Parties

Morgan Stanley

Complainant

Unknown

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark identical or similar to the disputed domain name
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in the 'Morgan Stanley' mark, which is similar to the disputed domain name. The respondent's registration and use of the domain name constituted typosquatting, likely to confuse users and take unfair advantage of the complainant's rights. The respondent failed to rebut the presumption of abusive registration. Therefore, the domain name is an abusive registration and should be transferred to the complainant.

Court Disposition

Domain name to be transferred to complainant

Orders

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