Skype Technologies SA v Vault Technology Ltd [2005] DRS 2685 (14 September 2005)

Skype Technologies SA v Vault Technology Ltd [2005] DRS 2685 (14 September 2005)

The complainant owns rights in the designation 'skype', which is identical to the domain name. The respondent's adoption and use of the domain name likely caused initial interest confusion and took unfair advantage of the complainant's rights. The respondent failed to credibly explain independent creation of the term 'skype'. The domain name is an abusive registration and should be transferred.

Citation
[2005] DRS 2685
Parties
Complainant: Skype Technologies S. A.; Respondent: Vault Technology Ltd.
Jurisdiction
United Kingdom
Judgment Date
14 September 2005
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Rights, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Rights Abusive Registration

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Parties

Skype Technologies S. A.

Complainant

Vault Technology Ltd.

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

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

Ratio Decidendi

The complainant owns rights in the designation 'skype', which is identical to the domain name. The respondent's adoption and use of the domain name likely caused initial interest confusion and took unfair advantage of the complainant's rights. The respondent failed to credibly explain independent creation of the term 'skype'. The domain name is an abusive registration and should be transferred.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of skype.co.uk to Skype Technologies S. A.