Edison Developments Ltd v AP2 Inc (Summary Decision _Transfer) [2019] DRS 21797 (23 October 2019)

Edison Developments Ltd v AP2 Inc (Summary Decision _Transfer) [2019] DRS 21797 (23 October 2019)

The complainant established rights in the name or mark, the respondent failed to demonstrate rights or legitimate interests, and the domain name was registered or used in bad faith. Transfer of the domain name was ordered.

Citation
[2019] DRS 21797
Parties
Complainant: Edison Developments Ltd; Respondent: AP2 Inc
Jurisdiction
United Kingdom
Judgment Date
23 October 2019
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 Internet Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Edison Developments Ltd

Complainant

AP2 Inc

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 complainant established rights in the name or mark, the respondent failed to demonstrate rights or legitimate interests, and the domain name was registered or used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to Edison Developments Ltd