Dell Inc v Elite Phones And Computers (Full Decision _Transfer) [2018] DRS 20424 (02 October 2018)

Dell Inc v Elite Phones And Computers (Full Decision _Transfer) [2018] DRS 20424 (02 October 2018)

The panel found that the domain name is confusingly similar to the complainant's trademark, the respondent has no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2018] DRS 20424
Parties
Complainant: Dell Inc; Respondent: Elite Phones And Computers
Jurisdiction
United Kingdom
Judgment Date
02 October 2018
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Dell Inc

Complainant

Elite Phones And Computers

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

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

Court Disposition

complaint upheld

Orders

  • the domain name is to be transferred to the complainant