ARCELORMITTAL SA v Desmond Smith (Summary Decision _Transfer) [2013] DRS 12930 (30 July 2013)

ARCELORMITTAL SA v Desmond Smith (Summary Decision _Transfer) [2013] DRS 12930 (30 July 2013)

The complainant established rights in the name and mark, and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Citation
[2013] DRS 12930
Parties
Complainant: ARCELORMITTAL SA; Respondent: Desmond Smith
Jurisdiction
United Kingdom
Judgment Date
30 July 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

ARCELORMITTAL SA

Complainant

Desmond Smith

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the registration is abusive

Ratio Decidendi

The complainant established rights in the name and mark, and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to ARCELORMITTAL SA