Cotton Tree Pubs Limited v CommaSys (Summary Decision _Transfer) [2016] DRS 16886 (03 February 2016)

Cotton Tree Pubs Limited v CommaSys (Summary Decision _Transfer) [2016] DRS 16886 (03 February 2016)

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

Citation
[2016] DRS 16886
Parties
Complainant: Cotton Tree Pubs Limited; Respondent: CommaSys
Jurisdiction
United Kingdom
Judgment Date
03 February 2016
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Cotton Tree Pubs Limited

Complainant

CommaSys

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 name, the respondent had no legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Transfer ordered

Orders

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