H Limited v Domain Capital, LLC (Full Decision _No Action) [2018] DRS 20410 (12 October 2018)

H Limited v Domain Capital, LLC (Full Decision _No Action) [2018] DRS 20410 (12 October 2018)

The complainant failed to prove that the respondent's registration of the domain name was abusive under the DRS Policy and did not establish sufficient rights in the name or mark.

Citation
[2018] DRS 20410
Parties
Complainant: H Limited; Respondent: Domain Capital, LLC
Jurisdiction
United Kingdom
Judgment Date
12 October 2018
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint denied
Legal Topics
Domain Name Dispute, Trade Mark Rights
Intellectual Property Internet Law Domain Name Dispute Trade Mark Rights

Case Brief

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Parties

H Limited

Complainant

Domain Capital, LLC

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The complainant failed to prove that the respondent's registration of the domain name was abusive under the DRS Policy and did not establish sufficient rights in the name or mark.

Court Disposition

Complaint denied

Orders

  • No action to be taken regarding the domain name