Andrew Loader T/a Fashion Workie v Gustavo Winchester (Summary Decision _Transfer) [2015] DRS 15045 (05 January 2015)

Andrew Loader T/a Fashion Workie v Gustavo Winchester (Summary Decision _Transfer) [2015] DRS 15045 (05 January 2015)

The complainant established rights in the name or 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
[2015] DRS 15045
Parties
Complainant: Andrew Loader T/a Fashion Workie; Respondent: Gustavo Winchester
Jurisdiction
United Kingdom
Judgment Date
05 January 2015
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Rights
Intellectual Property Internet Law Domain Name Dispute Passing Off Trade Mark Rights

Case Brief

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Parties

Andrew Loader T/a Fashion Workie

Complainant

Gustavo Winchester

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 complainant established rights in the name or 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 the complainant