Andreas Trouille v Barry Testing (Summary Decision _Transfer) [2011] DRS 10229 (17 October 2011)

Andreas Trouille v Barry Testing (Summary Decision _Transfer) [2011] DRS 10229 (17 October 2011)

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

Citation
[2011] DRS 10229
Parties
Complainant: Andreas Trouille; Respondent: Barry Testing
Jurisdiction
United Kingdom
Judgment Date
17 October 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Andreas Trouille

Complainant

Barry Testing

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 panel found that the complainant had rights in the name or mark, the respondent had no rights or 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 the complainant