R. M Williams Pty Ltd v ISurveyor (Full Decision _Transfer) [2019] DRS 21171 (09 May 2019)

R. M Williams Pty Ltd v ISurveyor (Full Decision _Transfer) [2019] DRS 21171 (09 May 2019)

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

Citation
[2019] DRS 21171
Parties
Complainant: R. M Williams Pty Ltd; Respondent: ISurveyor
Jurisdiction
United Kingdom
Judgment Date
09 May 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Trade Mark Infringement, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Law Trade Mark Infringement Passing Off Domain Name Transfer

Case Brief

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Parties

R. M Williams Pty Ltd

Complainant

ISurveyor

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 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 name or mark, that the respondent had no rights or legitimate interests, 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