Gulf Keystone Petroleum (UK) Ltd. v Domains By Proxy, Inc. (Full Decision _Transfer) [2012] DRS 11589 (15 August 2012)

Gulf Keystone Petroleum (UK) Ltd. v Domains By Proxy, Inc. (Full Decision _Transfer) [2012] DRS 11589 (15 August 2012)

The panel found that the complainant had rights in the name and mark, the domain name was identical or similar, and the registration was abusive as the respondent had no legitimate interest and did not respond.

Citation
[2012] DRS 11589
Parties
Complainant: Gulf Keystone Petroleum (UK) Ltd.; Respondent: Domains By Proxy, Inc.
Jurisdiction
United Kingdom
Judgment Date
15 August 2012
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer ordered
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

Gulf Keystone Petroleum (UK) Ltd.

Complainant

Domains By Proxy, Inc.

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 domain name was registered in a manner that took unfair advantage of or was unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the name and mark, the domain name was identical or similar, and the registration was abusive as the respondent had no legitimate interest and did not respond.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant