Boerenbed UK BV v AN Electrical Contracting Ltd (Summary Decision _Transfer) [2012] DRS 11320 (21 June 2012)

Boerenbed UK BV v AN Electrical Contracting Ltd (Summary Decision _Transfer) [2012] DRS 11320 (21 June 2012)

The complainant established rights in the name and that the respondent's registration was abusive, justifying transfer of the domain name.

Citation
[2012] DRS 11320
Parties
Complainant: Boerenbed UK BV; Respondent: AN Electrical Contracting Ltd
Jurisdiction
United Kingdom
Judgment Date
21 June 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Boerenbed UK BV

Complainant

AN Electrical Contracting Ltd

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's registration is abusive

Ratio Decidendi

The complainant established rights in the name and that the respondent's registration was abusive, justifying transfer of the domain name.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to Boerenbed UK BV