RAC Motoring Services v Andrey Shevchenko (Full Decision _Transfer) [2015] DRS 15623 (11 September 2015)

RAC Motoring Services v Andrey Shevchenko (Full Decision _Transfer) [2015] DRS 15623 (11 September 2015)

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

Citation
[2015] DRS 15623
Parties
Complainant: RAC Motoring Services; Respondent: Andrey Shevchenko
Jurisdiction
United Kingdom
Judgment Date
11 September 2015
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

RAC Motoring Services

Complainant

Andrey Shevchenko

Respondent

Procedural Posture

Domain Name Dispute / Full 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 domain name has been registered and is being used in bad faith

Ratio Decidendi

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

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant