Automated Summary
Key Facts
The independent expert found that the domain name eenterprise.co.uk was an abusive registration by the respondent, Mark Adams of 3DWeb Online Services, and ordered the transfer of the domain to the complainant, Enterprise Holdings, Inc.
Issues
- The complainant demonstrated rights in the 'Enterprise' trademark, which is identical to the domain name 'eenterprise.co.uk' (a misspelling), satisfying the rights requirement.
- The domain name 'eenterprise.co.uk' was found to be an abusive registration, as it was registered to exploit the Enterprise trademark.
Holdings
- The complainant has, to my reasonable satisfaction, shown Rights in respect of a name or mark which is identical or similar to the Domain name.
- I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances
- The domain name eenterprise.co.uk is an Abusive Registration
Remedies
The domain name eenterprise.co.uk is to be transferred to Enterprise Holdings, Inc. as the complaint established rights and abusive registration.
Legal Principles
The expert determined that no unconscionability existed, making the summary decision appropriate without requiring further action.
Judge Name
Stephen Bate
Passage Text
- The complainant has, to my reasonable satisfaction, shown that the domain name eenterprise.co.uk is an Abusive Registration
- The complainant has, to my reasonable satisfaction, shown Rights in respect of a name or mark which is identical or similar to the Domain name.