Funeralbooker Limited v Jamie Hubbard (Full Decision _Transfer) [2016] DRS 17249 (15 June 2016)

Funeralbooker Limited v Jamie Hubbard (Full Decision _Transfer) [2016] DRS 17249 (15 June 2016)

The panel found that the complainant had rights in the name and that the respondent registered and used the domain name in bad faith, warranting a transfer of the domain name to the complainant.

Citation
[2016] DRS 17249
Parties
Complainant: Funeralbooker Limited; Respondent: Jamie Hubbard
Jurisdiction
United Kingdom
Judgment Date
15 June 2016
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Funeralbooker Limited

Complainant

Jamie Hubbard

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 has been registered and is being used in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the name and that the respondent registered and used the domain name in bad faith, warranting a transfer of the domain name to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to Funeralbooker Limited