Karro Food Group Limited v Di Escobar Inc (Full Decision _Transfer) [2017] DRS 18731 (12 June 2017)

Karro Food Group Limited v Di Escobar Inc (Full Decision _Transfer) [2017] DRS 18731 (12 June 2017)

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

Citation
[2017] DRS 18731
Parties
Complainant: Karro Food Group Limited; Respondent: Di Escobar Inc
Jurisdiction
United Kingdom
Judgment Date
12 June 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Karro Food Group Limited

Complainant

Di Escobar Inc

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 was registered or is being used in bad faith

Ratio Decidendi

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

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant