Technicut Limited v Identity Protect Limited (Full Decision _Transfer) [2019] DRS 21084 (09 April 2019)

Technicut Limited v Identity Protect Limited (Full Decision _Transfer) [2019] DRS 21084 (09 April 2019)

The Panel found that the complainant had rights in the name, the domain name was identical or similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Citation
[2019] DRS 21084
Parties
Complainant: Technicut Limited; Respondent: Identity Protect Limited
Jurisdiction
United Kingdom
Judgment Date
09 April 2019
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
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

Technicut Limited

Complainant

Identity Protect Limited

Respondent

Procedural Posture

Domain Name Dispute / Final 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 rights in the name, the domain name was identical or similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant