PostNet v James Shotton (Full Decision _Transfer) [2018] DRS 20771 (21 December 2018)

PostNet v James Shotton (Full Decision _Transfer) [2018] DRS 20771 (21 December 2018)

The panel found that the complainant had rights in the mark, the domain name was similar, and the respondent registered and used the domain name in bad faith.

Source-derived case information.

Citation
[2018] DRS 20771
Parties
Complainant: PostNet; Respondent: James Shotton
Jurisdiction
United Kingdom
Judgment Date
21 December 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

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Summary, issues, holding and outcome

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Parties

PostNet

Complainant

James Shotton

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 domain name was registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the mark, the domain name was similar, and the respondent registered and used the domain name in bad faith.

Court Disposition

Transfer ordered

Orders

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