Casual Male RBT (UK) LLC v Walsh Associates [2007] DRS 5064 (25 October 2007)

Casual Male RBT (UK) LLC v Walsh Associates [2007] DRS 5064 (25 October 2007)

The complainant has established rights in the CASUAL MALE mark, and the respondent's registration and use of the identical domain name for a parking page with links to competitors constitutes abusive registration, taking unfair advantage of and being unfairly detrimental to the complainant's rights.

Citation
[2007] DRS 5064
Parties
Complainant: Casual Male RBT (U.K.) LLC; Respondent: Walsh Associates
Jurisdiction
United Kingdom
Judgment Date
25 October 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trademark Infringement, Abusive Registration
Intellectual Property Information Technology Domain Name Disputes Trademark Infringement Abusive Registration

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Parties

Casual Male RBT (U.K.) LLC

Complainant

Walsh Associates

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

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 disputed domain name is an abusive registration

Ratio Decidendi

The complainant has established rights in the CASUAL MALE mark, and the respondent's registration and use of the identical domain name for a parking page with links to competitors constitutes abusive registration, taking unfair advantage of and being unfairly detrimental to the complainant's rights.

Court Disposition

Domain name transferred to complainant

Orders

  • The disputed domain name is to be transferred to the complainant.