Sportingbet Plc (trading as Sportingbet) v Gavin Murphy (Full Decision _Transfer) [2011] DRS 9552 (20 July 2011)

Sportingbet Plc (trading as Sportingbet) v Gavin Murphy (Full Decision _Transfer) [2011] DRS 9552 (20 July 2011)

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

Citation
[2011] DRS 9552
Parties
Complainant: Sportingbet Plc (trading as Sportingbet); Respondent: Gavin Murphy
Jurisdiction
United Kingdom
Judgment Date
20 July 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Sportingbet Plc (trading as Sportingbet)

Complainant

Gavin Murphy

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 rights in the name, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant