MERIAL v Evgeni Lubenov (Full Decision _Transfer) [2017] DRS 18855 (30 June 2017)

MERIAL v Evgeni Lubenov (Full Decision _Transfer) [2017] DRS 18855 (30 June 2017)

The panel found that the domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the registration was abusive and in bad faith.

Citation
[2017] DRS 18855
Parties
Complainant: MERIAL; Respondent: Evgeni Lubenov
Jurisdiction
United Kingdom
Judgment Date
30 June 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Bad Faith Registration
Intellectual Property Internet Law Domain Name Dispute Passing Off Bad Faith Registration

Case Brief

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Parties

MERIAL

Complainant

Evgeni Lubenov

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The panel found that the domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the registration was abusive and in bad faith.

Court Disposition

Transfer ordered

Orders

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