Chandan Limited (trading as Mela Restaurant) v EDOCO LTD (Summary Decision _Transfer) [2010] DRS 9231 (01 December 2010)

The Panel found that the Complainant had rights in the name and that the Respondent's registration was abusive, justifying transfer of the domain name.

Citation: [2010] DRS 9231
Parties: Complainant: Chandan Limited (trading as Mela Restaurant); Respondent: EDOCO LTD
Jurisdiction: United Kingdom
Judgment Date: 01 December 2010
Procedural Posture: Domain Name Dispute / Summary Decision
Outcome: Domain name transferred to Complainant
Legal Topics: Domain Name Dispute, Passing Off, Trademark Infringement

Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Chandan Limited (trading as Mela Restaurant)

Complainant

EDOCO LTD

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

1 Whether the domain name registration by the Respondent is abusive
2 Whether the Complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The Panel found that the Complainant had rights in the name and that the Respondent's registration was abusive, justifying transfer of the domain name.

Court Disposition

Domain name transferred to Complainant

Orders

Transfer of the disputed domain name to the Complainant