AA Brand Management Limited v Balata.com LLC (Summary Decision _Transfer) [2014] DRS 14679 (08 October 2014)

The complainant established rights in the name or mark, the respondent had no legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation: [2014] DRS 14679
Parties: Complainant: AA Brand Management Limited; Respondent: Balata.com LLC
Jurisdiction: United Kingdom
Judgment Date: 08 October 2014
Procedural Posture: Domain Name Dispute / Summary Decision
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Dispute, Passing Off, Trademark Infringement

Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

AA Brand Management Limited

Complainant

Balata.com LLC

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
2 Whether the respondent has rights or legitimate interests in respect of the domain name
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 had no legitimate interests, and the domain name was registered and 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 AA Brand Management Limited