FARMIGEA UK LTD v I2i Ophthalmics Ltd (Full Decision _Transfer) [2016] DRS 18115 (21 December 2016)

FARMIGEA UK LTD v I2i Ophthalmics Ltd (Full Decision _Transfer) [2016] DRS 18115 (21 December 2016)

The panel found that the complainant had rights in the name and that the domain name was identical or similar, and that the respondent's registration was abusive under the DRS Policy.

Citation
[2016] DRS 18115
Parties
Complainant: FARMIGEA UK LTD; Respondent: I2i Ophthalmics Ltd
Jurisdiction
United Kingdom
Judgment Date
21 December 2016
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

FARMIGEA UK LTD

Complainant

I2i Ophthalmics Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full 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's registration or use of the domain name is abusive

Ratio Decidendi

The panel found that the complainant had rights in the name and that the domain name was identical or similar, and that the respondent's registration was abusive under the DRS Policy.

Court Disposition

Transfer ordered

Orders

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