A) Complainant
The Complainant is a long time trading paper and till roll company using two active websites at mrpaper.co.uk and mrtillrolls.co.uk and the website mrtillroll.com is confusing to the Complainants customers looking for Complainant company (mrtillroll.co.uk) or by searching for the company using “Mr. Till Rolls” the name that the Complainant is commonly known as.
On top of that the Complainant has historically registered all similar domain names that divert to the Complainant’s website, these being:
mrtillroll.co.uk
mrtillroll.net
mrtillrolls.co.uk
mrtillrolls.com
mrtillrolls.net
mr-till-roll.co.uk
mr-till-rolls.co.uk
mrpapertillrolls.co.uk
mrpapertillrolls.com
mrpapertillrolls.net
mrpaperoll.co.uk
mrpaperoll.com
mrpaperolls.co.uk
mrpaperolls.com
mrpaperroll.co.uk
mrpaperroll.com
mrpaperrolls.co.uk
mrpaperrolls.com
mrpaperrolls.net
mister-paper.co.uk
mister-paper.com
mister-paper.eu
mister-paper.net
misterpaper.co.uk
misterpaper.net
mr-paper.co
mr-paper.co.uk
mr-paper.net
mrpaper.co
mrpaper.co.uk
mrpaper.eu
mrpaper.mobi
mrpaper.tel
mrpaper.tv
mrpapers.co.uk
mrspaper.co.uk
mrpaper.org
The Complainant is the owner of the registered UK limited company Mr. Paper Ltd. and Mr. Till Roll Ltd. with websites mrpaper.co.uk and mrtillrolls.co.uk.
The website mrtillroll.com is confusing the customers searching for Mr. Till Rolls especially taking into account it having a confusingly similar logo.
It is in the Complainants opinion, clearly there to attract the customers looking for the Complainant. In addition the site has many empty sections without products which could result in customers searching for new suppliers as it could make the Complainant look very unprofessional.
The Complainant has written to the registrant/Respondent a Cease and Desist letter but has received no reply. The Complainant has tried to call the Respondent on the numbers on the website but one of these was an invalid number and the other was not answered.
Mr. Paper Limited has been trading since 2003 in the business of selling till rolls. The Complainant is commonly known throughout the UK as Mr. Paper, Mr. Paper Till Rolls and Mr. Till Rolls. Due to the Complainant becoming more commonly known as Mr. Till Rolls, this name was incorporated into the homepage on the website mrpaper.co.uk on the April 21, 2011. The Complainant has spent over EUR 90,000 on advertising building its brand.
The Complainant feels that using the disputed domain name is contrary to section 4 b) iv) of the UDRP. This site appears to have been active since April 19, 2012, and is designed to attract and confuse customers searching for website of the Complainant.
For all the above grounds the Complainant is seeking a transfer of the domain name mrtillroll.com to himself.
B) Respondent
The Respondent strongly disagrees with the allegations made by the Complainant and asks the Complaint to be dismissed.
The main reasons are the following:
There has never been an intention of masquerading, steeling or muscling in another company’s business as Complainant/Mr. Knight is stating (bad faith). The disputed domain name was available and before acquiring it the Respondent checked it searching on the internet, Companies House and Trademark Registration and finally the disputed domain name was purchased on March 16, 2011.
The major points that need to be considered in this case are the following:
1. www.mrtillroll.com was publically available and purchased on the 16th March 2011 via 123-reg.co.uk for a legitimate start up business.
2. www.mrtillrolls.co.uk is not an active website; it is a single page static site with the www.mrpaper.co.uk logo and colour branding with hyperlinks to www.mrpaper.co.uk.
3. Mr Knight holds the trademark and company registration to and predominantly trades as www.mrpaper.co.uk.
4. www.mrtillrolls.co.uk is not a protected trademark or a registered company.
Further it has to be stressed that no confusion can be associated between www.mrtillroll.com and www.mrtillrolls.co.uk because there is a completely different look, colour scheme and branding which can be clearly seen.
There is no registered trademark or trading name that apart from Mr. Paper that the Respondent has found.
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