GYMSEVEN Ltd v GymShark Ltd (Summary Decision _Transfer) [2014] DRS 13851 (01 April 2014)

GYMSEVEN Ltd v GymShark Ltd (Summary Decision _Transfer) [2014] DRS 13851 (01 April 2014)

The complainant established rights in the name or mark and demonstrated that the respondent's registration was abusive. No response was filed by the respondent. The domain name was ordered to be transferred to the complainant.

Citation
[2014] DRS 13851
Parties
Complainant: GYMSEVEN Ltd; Respondent: GymShark Ltd
Jurisdiction
United Kingdom
Judgment Date
01 April 2014
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Domain Name Law Domain Name Transfer Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

GYMSEVEN Ltd

Complainant

GymShark Ltd

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The complainant established rights in the name or mark and demonstrated that the respondent's registration was abusive. No response was filed by the respondent. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of domain name to GYMSEVEN Ltd