Pixmania SAS v Ben Martin (Summary Decision _Transfer) [2011] DRS 10048 (24 August 2011)

Pixmania SAS v Ben Martin (Summary Decision _Transfer) [2011] DRS 10048 (24 August 2011)

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

Citation
[2011] DRS 10048
Parties
Complainant: Pixmania SAS; Respondent: Ben Martin
Jurisdiction
United Kingdom
Judgment Date
24 August 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Pixmania SAS

Complainant

Ben Martin

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 mark, the respondent had no legitimate interest, 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 disputed domain name to Pixmania SAS