J BRAND, INC. v Domain Administrator (Summary Decision _Transfer) [2013] DRS 12218 (22 January 2013)

J BRAND, INC. v Domain Administrator (Summary Decision _Transfer) [2013] DRS 12218 (22 January 2013)

The complainant established rights in the mark and that the domain name is identical or similar, and the respondent's lack of response and evidence of bad faith led to a finding of abusive registration.

Citation
[2013] DRS 12218
Parties
Complainant: J BRAND, INC.; Respondent: Domain Administrator
Jurisdiction
United Kingdom
Judgment Date
22 January 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

J BRAND, INC.

Complainant

Domain Administrator

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 domain name has been registered or is being used in a manner which takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The complainant established rights in the mark and that the domain name is identical or similar, and the respondent's lack of response and evidence of bad faith led to a finding of abusive registration.

Court Disposition

Transfer of domain name ordered

Orders

  • The domain name is to be transferred to the complainant