Pet Plan Limited v Fundacion Comercio Electronico (Full Decision _Transfer) [2020] DRS 22409 (06 April 2020)

The complainant established rights in the mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation: [2020] DRS 22409
Parties: Complainant: Pet Plan Limited; Respondent: Fundacion Comercio Electronico
Jurisdiction: United Kingdom
Judgment Date: 06 April 2020
Procedural Posture: Domain Name Dispute / Full Decision
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Dispute, Trade Mark Infringement

Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Pet Plan Limited

Complainant

Fundacion Comercio Electronico

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 has been registered or is being used in bad faith

Ratio Decidendi

The complainant established rights in the mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

Transfer of the domain name to Pet Plan Limited