Karen Millen Fashions Limited v Hebe Rose (Summary Decision _Transfer) [2011] DRS 10255 (02 November 2011)

Karen Millen Fashions Limited v Hebe Rose (Summary Decision _Transfer) [2011] DRS 10255 (02 November 2011)

The Panel found that the domain name was identical or similar to the Complainant's trademark, the Respondent had no rights or legitimate interests, and the domain name was registered in bad faith.

Citation
[2011] DRS 10255
Parties
Complainant: Karen Millen Fashions Limited; Respondent: Hebe Rose
Jurisdiction
United Kingdom
Judgment Date
02 November 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Karen Millen Fashions Limited

Complainant

Hebe Rose

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark 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 domain name was identical or similar to the Complainant's trademark, the Respondent had no rights or legitimate interests, and the domain name was registered in bad faith.

Court Disposition

Transfer ordered

Orders

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