Cash Converters Pty Ltd Cash Converters UK Ltd v J Ricotta (Full Decision _Transfer) [2013] DRS 12663 (05 June 2013)

Cash Converters Pty Ltd Cash Converters UK Ltd v J Ricotta (Full Decision _Transfer) [2013] DRS 12663 (05 June 2013)

The panel found that the complainants had established all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainants.

Citation
[2013] DRS 12663
Parties
Complainant: Cash Converters Pty Ltd; Complainant: Cash Converters UK Ltd; Respondent: J Ricotta
Jurisdiction
United Kingdom
Judgment Date
05 June 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainants
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

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Parties

Cash Converters Pty Ltd

Complainant

Cash Converters UK Ltd

Complainant

J Ricotta

Respondent

Procedural Posture

Domain Name Dispute / Full 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 and is being used in bad faith

Ratio Decidendi

The panel found that the complainants had established all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainants.

Court Disposition

Domain name transferred to complainants

Orders

  • Transfer of the disputed domain name to the complainants