Moncler SrL v Chen (Full Decision _Transfer) [2013] DRS 12819 (18 July 2013)

Moncler SrL v Chen (Full Decision _Transfer) [2013] DRS 12819 (18 July 2013)

The panel found that the complainant had established rights in the trademark, that the domain name was confusingly similar, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith.

Citation
[2013] DRS 12819
Parties
Complainant: Moncler SrL; Respondent: Chen
Jurisdiction
United Kingdom
Judgment Date
18 July 2013
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Moncler SrL

Complainant

Chen

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name 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 had established rights in the trademark, that the domain name was confusingly similar, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant