Ann Summers Limited v Fundacion Comercio Electronico (Full Decision _Transfer) [2020] DRS 22085 (21 January 2020)

Ann Summers Limited v Fundacion Comercio Electronico (Full Decision _Transfer) [2020] DRS 22085 (21 January 2020)

The Panel found that the complainant had established rights in the mark, the domain name was confusingly similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2020] DRS 22085
Parties
Complainant: Ann Summers Limited; Respondent: Fundacion Comercio Electronico
Jurisdiction
United Kingdom
Judgment Date
21 January 2020
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ann Summers Limited

Complainant

Fundacion Comercio Electronico

Respondent

Procedural Posture

Domain Name Dispute / Full 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 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 complainant had established rights in the mark, the domain name was confusingly similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant