Winchester Consultancy Ltd v Above.com Domain Privacy (Summary Decision _Transfer) [2012] DRS 11297 (06 June 2012)

Winchester Consultancy Ltd v Above.com Domain Privacy (Summary Decision _Transfer) [2012] DRS 11297 (06 June 2012)

The panel found that the complainant had rights in the name, the respondent had no legitimate interest, and the domain was registered in bad faith, warranting transfer.

Citation
[2012] DRS 11297
Parties
Complainant: Winchester Consultancy Ltd; Respondent: Above.com Domain Privacy
Jurisdiction
United Kingdom
Judgment Date
06 June 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Winchester Consultancy Ltd

Complainant

Above.com Domain Privacy

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the name, the respondent had no legitimate interest, and the domain was registered in bad faith, warranting transfer.

Court Disposition

Transfer ordered

Orders

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