Winster Limited v Fx Computers (Summary Decision _Transfer) [2012] DRS 11056 (29 May 2012)

The complainant established rights in the name, 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: [2012] DRS 11056
Parties: Complainant: Winster Limited; Respondent: Fx Computers
Jurisdiction: United Kingdom
Judgment Date: 29 May 2012
Procedural Posture: Domain Name Dispute / Summary Decision
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Dispute, Passing Off, Trade Mark Infringement

Intellectual Property Law Internet Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Winster Limited

Complainant

Fx Computers

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 complainant established rights in the name, 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 Winster Limited