Viacom International Inc v Balata Com LLC (trading as Balata . Com Ltd) (Summary Decision _Transfer) [2011] DRS 9300 (04 January 2011)

Viacom International Inc v Balata Com LLC (trading as Balata . Com Ltd) (Summary Decision _Transfer) [2011] DRS 9300 (04 January 2011)

The panel found that the complainant satisfied all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainant.

Citation
[2011] DRS 9300
Parties
Complainant: Viacom International Inc; Respondent: Balata Com LLC (trading as Balata . Com Ltd)
Jurisdiction
United Kingdom
Judgment Date
04 January 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
domain name transferred
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

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Parties

Viacom International Inc

Complainant

Balata Com LLC (trading as Balata . Com Ltd)

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is identical or similar to a trademark 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 panel found that the complainant satisfied all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainant.

Court Disposition

domain name transferred

Orders

  • The domain name is to be transferred to the complainant.