Alibaba Group Holding Limited v EastStar Web Solutions (Full Decision _Transfer) [2014] DRS 13999 (09 May 2014)

Alibaba Group Holding Limited v EastStar Web Solutions (Full Decision _Transfer) [2014] DRS 13999 (09 May 2014)

The Panel found that the domain name is identical or similar to the Complainant's trademark, the Respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith.

Citation
[2014] DRS 13999
Parties
Complainant: Alibaba Group Holding Limited; Respondent: EastStar Web Solutions
Jurisdiction
United Kingdom
Judgment Date
09 May 2014
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Alibaba Group Holding Limited

Complainant

EastStar Web Solutions

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent 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 identical or similar to the Complainant's trademark, the Respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant