Coast Fashions Limited v Ferdinand Spark (Summary Decision _Transfer) [2012] DRS 11886 (05 November 2012)

Coast Fashions Limited v Ferdinand Spark (Summary Decision _Transfer) [2012] DRS 11886 (05 November 2012)

The complainant established rights in the name and the respondent's registration was found to be abusive; the domain name was ordered to be transferred.

Citation
[2012] DRS 11886
Parties
Complainant: Coast Fashions Limited; Respondent: Ferdinand Spark
Jurisdiction
United Kingdom
Judgment Date
05 November 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Coast Fashions Limited

Complainant

Ferdinand Spark

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The complainant established rights in the name and the respondent's registration was found to be abusive; the domain name was ordered to be transferred.

Court Disposition

Transfer ordered

Orders

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