K-Swiss Inc. v Dick Gaughan (Summary Decision _Transfer) [2017] DRS 19426 (06 December 2017)

K-Swiss Inc. v Dick Gaughan (Summary Decision _Transfer) [2017] DRS 19426 (06 December 2017)

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

Citation
[2017] DRS 19426
Parties
Complainant: K-Swiss Inc.; Respondent: Dick Gaughan
Jurisdiction
United Kingdom
Judgment Date
06 December 2017
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

K-Swiss Inc.

Complainant

Dick Gaughan

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 mark, the respondent had no legitimate interest, 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.