Salvatore Ferragamo S.p.A. v He Yi (Full Decision _Transfer) [2014] DRS 14281 (29 July 2014)

Salvatore Ferragamo S.p.A. v He Yi (Full Decision _Transfer) [2014] DRS 14281 (29 July 2014)

The panel found that the complainant had established rights in the mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the complaint succeeded.

Citation
[2014] DRS 14281
Parties
Complainant: Salvatore Ferragamo S.p. A.; Respondent: He Yi
Jurisdiction
United Kingdom
Judgment Date
29 July 2014
Procedural Posture
Domain Name Dispute / Decision
Outcome
Complaint upheld
Legal Topics
Trade Marks, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Law Trade Marks Passing Off Domain Name Transfer

Case Brief

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Parties

Salvatore Ferragamo S.p. A.

Complainant

He Yi

Respondent

Procedural Posture

Domain Name Dispute / 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 established rights in the mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the complaint succeeded.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant