Charity Commission for England & Wales v Zaibatsu, Inc [2007] DRS 4813 (29 August 2007)

Charity Commission for England & Wales v Zaibatsu, Inc [2007] DRS 4813 (29 August 2007)

The complainant established rights in the name and registered trademarks 'CHARITY COMMISSION'. The domain name is similar to these marks. The respondent registered and used the domain name to take unfair advantage of the complainant's reputation, creating confusion and generating revenue, constituting abusive registration. No response or explanation was provided by the respondent.

Citation
[2007] DRS 4813
Parties
Complainant: The Charity Commission for England and Wales; Respondent: Zaibatsu, Inc
Jurisdiction
United Kingdom
Judgment Date
29 August 2007
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Abusive Registration

Case Brief

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Parties

The Charity Commission for England and Wales

Complainant

Zaibatsu, Inc

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 domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainant established rights in the name and registered trademarks 'CHARITY COMMISSION'. The domain name is similar to these marks. The respondent registered and used the domain name to take unfair advantage of the complainant's reputation, creating confusion and generating revenue, constituting abusive registration. No response or explanation was provided by the respondent.

Court Disposition

Complaint upheld

Orders

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