Nursing Assessment Services Limited v Excel Press Group Limited (Summary Decision _Transfer) [2013] DRS 12870 (05 July 2013)

Nursing Assessment Services Limited v Excel Press Group Limited (Summary Decision _Transfer) [2013] DRS 12870 (05 July 2013)

The panel found that the complainant had rights in the name and that the respondent's registration was abusive, warranting transfer of the domain name.

Citation
[2013] DRS 12870
Parties
Complainant: Nursing Assessment Services Limited; Respondent: Excel Press Group Limited
Jurisdiction
United Kingdom
Judgment Date
05 July 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Nursing Assessment Services Limited

Complainant

Excel Press Group Limited

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 respondent's registration is abusive

Ratio Decidendi

The panel found that the complainant had rights in the name and that the respondent's registration was abusive, warranting transfer of the domain name.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to Nursing Assessment Services Limited