Barclays PLC v Graham Kenny (Full Decision _Transfer) [2012] DRS 11478 (04 September 2012)

Barclays PLC v Graham Kenny (Full Decision _Transfer) [2012] DRS 11478 (04 September 2012)

The Panel found that the Complainant had rights in the name and mark 'Barclays', that the domain name was identical or similar, and that the registration was abusive. Transfer of the domain name was ordered.

Citation
[2012] DRS 11478
Parties
Complainant: Barclays PLC; Respondent: Graham Kenny
Jurisdiction
United Kingdom
Judgment Date
04 September 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Barclays PLC

Complainant

Graham Kenny

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a name or mark in which the Complainant has rights
  2. 2 Whether the Respondent's registration is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name and mark 'Barclays', that the domain name was identical or similar, and that the registration was abusive. Transfer of the domain name was ordered.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the Complainant.