Virgin Enterprises Limited v Domains Services (Summary Decision _Transfer) [2019] DRS 20928 (22 January 2019)

Virgin Enterprises Limited v Domains Services (Summary Decision _Transfer) [2019] DRS 20928 (22 January 2019)

The panel found that the complainant had rights in the 'Virgin' mark, the domain name was identical or similar, and the respondent's registration was abusive. Transfer of the domain name was ordered.

Citation
[2019] DRS 20928
Parties
Complainant: Virgin Enterprises Limited; Respondent: Domains Services
Jurisdiction
United Kingdom
Judgment Date
22 January 2019
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Disputes, Trademark Infringement
Intellectual Property Law Domain Name Disputes Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Virgin Enterprises Limited

Complainant

Domains Services

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 was registered or is being used in a manner that takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the 'Virgin' mark, the domain name was identical or similar, and the respondent's registration was abusive. Transfer of the domain name was ordered.

Court Disposition

Transfer ordered

Orders

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