Associated Newspapers Limited v Equaliser Internet (Full Decision _Transfer) [2017] DRS 18568 (11 May 2017)

Associated Newspapers Limited v Equaliser Internet (Full Decision _Transfer) [2017] DRS 18568 (11 May 2017)

The Panel found that the complainant had rights in the name and mark, that the domain name was similar, and that the respondent's registration and use of the domain name was unfairly detrimental to the complainant's rights. The domain name was ordered to be transferred to the complainant.

Citation
[2017] DRS 18568
Parties
Complainant: Associated Newspapers Limited; Respondent: Equaliser Internet
Jurisdiction
United Kingdom
Judgment Date
11 May 2017
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Transfer, Passing Off, Trademark Infringement
Intellectual Property Domain Name Law Domain Name Transfer Passing Off Trademark Infringement

Case Brief

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Parties

Associated Newspapers Limited

Complainant

Equaliser Internet

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 has been registered or used in a manner which 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 name and mark, that the domain name was similar, and that the respondent's registration and use of the domain name was unfairly detrimental to the complainant's rights. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

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