Caterpillar, Inc. v J.W.Gaughan (Full Decision _Transfer) [2013] DRS 12744 (23 July 2013)

Caterpillar, Inc. v J.W.Gaughan (Full Decision _Transfer) [2013] DRS 12744 (23 July 2013)

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

Citation
[2013] DRS 12744
Parties
Complainant: Caterpillar, Inc.; Respondent: J. W. Gaughan
Jurisdiction
United Kingdom
Judgment Date
23 July 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Caterpillar, Inc.

Complainant

J. W. Gaughan

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 or is being used in bad faith

Ratio Decidendi

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

Court Disposition

Transfer ordered

Orders

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