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ARTICLE · 01 FEBRUARY 2005

Denial of Domain Name Transfer: BAA Loses Request for Gatwick.Com

McDermott Will & Emery
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On 11 November 2004 the WIPO Arbitration and Mediation Center produced its decision on <I>BAA plc v. Bob Larkin </I>(case D2004-0555).

United KingdomLitigation, Mediation & Arbitration
Fred Pearson
Fred Pearson
Margherita Barié
Margherita Barié
Laurence Cohen
Laurence Cohen
Duncan Curley
Duncan Curley
Thomas Hauss
Thomas Hauss
Boris Uphoff
Boris Uphoff
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On 11 November 2004 the WIPO Arbitration and Mediation Center produced its decision on BAA plc v. Bob Larkin (case D2004-0555).

BAA claimed that gatwick.com was confusingly similar to two registered trade marks (BAA GATWICK and BAA LONDON GATWICK), and identical to the common law mark established as a consequence of the activities taking place at Gatwick airport.

BAA stated that the respondent was not known by the name Gatwick and could have used a different domain name to run its commercial activities. Moreover, the domain name was used to host links to a number of services in the Gatwick area. Therefore it could have gained commercial advantage from diverted traffic. It was also argued that these facts, together with the respondent’s willingness to sell or rent the website for valuable consideration, represented evidence of bad faith.

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