ANN SUMMERS LTD v AnnStunners (Summary Decision _Transfer) [2017] DRS 18184 (05 January 2017)

ANN SUMMERS LTD v AnnStunners (Summary Decision _Transfer) [2017] DRS 18184 (05 January 2017)

The domain name is confusingly similar to the complainant's trademark and was registered in a manner that took unfair advantage of the complainant's rights. The respondent failed to demonstrate any legitimate interest or good faith use.

Source-derived case information.

Citation
[2017] DRS 18184
Parties
Complainant: ANN SUMMERS LTD; Respondent: AnnStunners
Jurisdiction
United Kingdom
Judgment Date
05 January 2017
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
complaint upheld
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Source-derived case record

Summary, issues, holding and outcome

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Parties

ANN SUMMERS LTD

Complainant

AnnStunners

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name annstunners.co.uk is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the registration of the domain name is abusive

Ratio Decidendi

The domain name is confusingly similar to the complainant's trademark and was registered in a manner that took unfair advantage of the complainant's rights. The respondent failed to demonstrate any legitimate interest or good faith use.

Court Disposition

complaint upheld

Orders

  • the domain name annstunners.co.uk is to be transferred to the complainant