Amazing Brands NV v GIna Brooke-Wavell (Full Decision _Transfer) [2011] DRS 10119 (15 November 2011)

Amazing Brands NV v GIna Brooke-Wavell (Full Decision _Transfer) [2011] DRS 10119 (15 November 2011)

The panel found that the complainant had rights in the name, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Citation
[2011] DRS 10119
Parties
Complainant: Amazing Brands NV; Respondent: Gina Brooke-Wavell
Jurisdiction
United Kingdom
Judgment Date
15 November 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Bad Faith Registration
Intellectual Property Internet Law Domain Name Dispute Passing Off Bad Faith Registration

Case Brief

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Parties

Amazing Brands NV

Complainant

Gina Brooke-Wavell

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 respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant