Edible Blooms v DLA Piper Edible Arrangements Edible Arrangements International (Full Decision _Transfer) [2016] DRS 17374 (21 September 2016)

Edible Blooms v DLA Piper Edible Arrangements Edible Arrangements International (Full Decision _Transfer) [2016] DRS 17374 (21 September 2016)

The Panel found that the domain name is confusingly similar to the complainant's trade mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Citation
[2016] DRS 17374
Parties
Complainant: Edible Blooms; Respondent: DLA Piper; Respondent: Edible Arrangements; Respondent: Edible Arrangements International
Jurisdiction
United Kingdom
Judgment Date
21 September 2016
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer of domain name ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Edible Blooms

Complainant

DLA Piper

Respondent

Edible Arrangements

Respondent

Edible Arrangements International

Respondent

Procedural Posture

Domain Name Dispute / Final 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 domain name is confusingly similar to the complainant's trade mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Court Disposition

Transfer of domain name ordered

Orders

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