TFH (WORCESTERSHIRE) LIMITED v Cheap Disability Aids (Full Decision _Transfer) [2017] DRS 19418 (07 December 2017)

TFH (WORCESTERSHIRE) LIMITED v Cheap Disability Aids (Full Decision _Transfer) [2017] DRS 19418 (07 December 2017)

The panel found that the domain name was similar to the complainant's mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Citation
[2017] DRS 19418
Parties
Complainant: TFH (WORCESTERSHIRE) LIMITED; Respondent: Cheap Disability Aids
Jurisdiction
United Kingdom
Judgment Date
07 December 2017
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

TFH (WORCESTERSHIRE) LIMITED

Complainant

Cheap Disability Aids

Respondent

Procedural Posture

Domain Name Dispute / Final 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 domain name was similar to the complainant's mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant