Scrap Metal Grading v Alchemy Metals Ltd (Full Decision _No Action) [2014] DRS 14391 (27 August 2014)

Scrap Metal Grading v Alchemy Metals Ltd (Full Decision _No Action) [2014] DRS 14391 (27 August 2014)

The complainant failed to prove that the respondent had no rights or legitimate interests in the domain name and failed to establish bad faith registration or use.

Citation
[2014] DRS 14391
Parties
Complainant: Scrap Metal Grading; Respondent: Alchemy Metals Ltd
Jurisdiction
United Kingdom
Judgment Date
27 August 2014
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint denied
Legal Topics
Domain Name Dispute, Trade Marks, Passing Off
Intellectual Property Information Technology Domain Name Dispute Trade Marks Passing Off

Case Brief

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Parties

Scrap Metal Grading

Complainant

Alchemy Metals Ltd

Respondent

Procedural Posture

Domain Name Dispute / Final 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 has been registered or is being used in bad faith

Ratio Decidendi

The complainant failed to prove that the respondent had no rights or legitimate interests in the domain name and failed to establish bad faith registration or use.

Court Disposition

Complaint denied

Orders

  • No action to be taken regarding the domain name