Maxvue Vision Sdn. Bhd. v FABU Ltd (Full Decision _Transfer) [2012] DRS 10734 (02 March 2012)
The panel found that the complainant had rights in the name or mark, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the complainant.
- Citation
- [2012] DRS 10734
- Parties
- Complainant: Maxvue Vision Sdn. Bhd.; Respondent: FABU Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 March 2012
- Procedural Posture
- Domain Name Dispute / Full Decision
- Outcome
- Domain name transferred to complainant
- Legal Topics
- Domain Name Dispute, Passing Off, Trademark Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
Maxvue Vision Sdn. Bhd.
Complainant
FABU Ltd
Respondent
Procedural Posture
Domain Name Dispute / Full Decision
Legal Issues
- 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
- 2 Whether the respondent has rights or legitimate interests in respect of the domain name
- 3 Whether the domain name was registered or is being used in bad faith
Ratio Decidendi
The panel found that the complainant had rights in the name or mark, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the complainant.
Court Disposition
Domain name transferred to complainant
Orders
- Transfer of the disputed domain name to Maxvue Vision Sdn. Bhd.
Full Case Text
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