Barclays PLC v Eric Zhang (Full Decision _Transfer) [2012] DRS 11897 (22 October 2012)

Barclays PLC v Eric Zhang (Full Decision _Transfer) [2012] DRS 11897 (22 October 2012)

The panel found that the domain name is identical or confusingly 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. Therefore, the complaint succeeds.

Citation
[2012] DRS 11897
Parties
Complainant: Barclays PLC; Respondent: Eric Zhang
Jurisdiction
United Kingdom
Judgment Date
22 October 2012
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

Summary, issues, holding and outcome

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Parties

Barclays PLC

Complainant

Eric Zhang

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 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 identical or confusingly 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. Therefore, the complaint succeeds.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant