We Buy Any Car Limited v Jason Penn (Full Decision _Transfer) [2011] DRS 10174 (02 November 2011)

We Buy Any Car Limited v Jason Penn (Full Decision _Transfer) [2011] DRS 10174 (02 November 2011)

The Panel found that the Complainant had rights in the name and mark 'We Buy Any Car', that the domain name was identical or similar, and that the Respondent's registration was abusive as there was no legitimate interest and the Respondent did not respond.

Citation
[2011] DRS 10174
Parties
Complainant: We Buy Any Car Limited; Respondent: Jason Penn
Jurisdiction
United Kingdom
Judgment Date
02 November 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

We Buy Any Car Limited

Complainant

Jason Penn

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 name or mark in which the Complainant has rights
  2. 2 Whether the Respondent's registration of the domain name is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name and mark 'We Buy Any Car', that the domain name was identical or similar, and that the Respondent's registration was abusive as there was no legitimate interest and the Respondent did not respond.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant