ECCO Sko A/S v Jack Will (Summary Decision _Transfer) [2011] DRS 10572 (23 December 2011)
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. Accordingly, the domain name should be transferred to the Complainant.
- Citation
- [2011] DRS 10572
- Parties
- Complainant: ECCO Sko A/S; Respondent: Jack Will
- Jurisdiction
- United Kingdom
- Judgment Date
- 23 December 2011
- Procedural Posture
- Domain Name Dispute / Summary Decision
- Outcome
- Domain name transferred to Complainant
- Legal Topics
- Domain Name Transfer, Trademark Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
ECCO Sko A/S
Complainant
Jack Will
Respondent
Procedural Posture
Domain Name Dispute / Summary Decision
Legal Issues
- 1 Whether the domain name registered by the Respondent is identical or similar to a trademark in which the Complainant has rights
- 2 Whether the Respondent has rights or legitimate interests in respect of the domain name
- 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. Accordingly, the domain name should be transferred to the Complainant.
Court Disposition
Domain name transferred to Complainant
Orders
- The domain name is to be transferred to the Complainant.
Full Case Text
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