The domain name in dispute was registered two years ago by Designer Time/Wanderweb, an independent watch retailer, which sold Seiko watches on its web site. Wanderweb had also registered the domain name “spoonwatchshop.co.uk” for a web site that sold Seiko’s Spoon range.
Seiko claimed that the retailer infringed its trademark by using its brand name, and that the registration of the domain names was abusive.
Wanderweb denied that the registration was abusive, claiming that Seiko’s brand name was only used to promote sales of Seiko products. The initial decision by a Nominet-appointed expert favoured Seiko, however, Nominet’s new dispute resolution procedure allowed Designer Time to subsequently appeal that decision.
The appeal panel has now upheld the original ruling, finding that the retailer took “unfair advantage” of the Seiko trademark. The three experts agreed that Seiko “has not set up a franchise in which all the retailers would be allowed to call themselves Seiko” and that Wanderweb was using the brand name to suggest that it was the “official” Seiko shop for the UK.
The decision therefore confirmed that the registration of the two domain names was abusive and in dismissing the appeal, the panel determined that both domain names should be transferred to Seiko.
The DRS does not replace court proceedings, however, DRS decisions are binding on the parties involved and Nominet has the authority to transfer, cancel or suspend domain name registrations on the basis of DRS decisions.