Levantur, S.A. v Clear Blue Seas (Full Decision _Transfer) [2012] DRS 11032 (08 May 2012)

Levantur, S.A. v Clear Blue Seas (Full Decision _Transfer) [2012] DRS 11032 (08 May 2012)

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

Citation
[2012] DRS 11032
Parties
Complainant: Levantur, S. A.; Respondent: Clear Blue Seas
Jurisdiction
United Kingdom
Judgment Date
08 May 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Levantur, S. A.

Complainant

Clear Blue Seas

Respondent

Procedural Posture

Domain Name Dispute / Full 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 has been registered or is being used in bad faith

Ratio Decidendi

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

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant.