Bulgari S.p.A. v Excort TV (Summary Decision _Cancellation) [2013] DRS 12620 (30 April 2013)

Bulgari S.p.A. v Excort TV (Summary Decision _Cancellation) [2013] DRS 12620 (30 April 2013)

The Panel found that the domain name was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Citation
[2013] DRS 12620
Parties
Complainant: Bulgari S.p. A.; Respondent: Excort TV
Jurisdiction
United Kingdom
Judgment Date
30 April 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Cancellation, Trademark Infringement
Intellectual Property Internet Law Domain Name Cancellation Trademark Infringement

Case Brief

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Parties

Bulgari S.p. A.

Complainant

Excort TV

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be cancelled