Evergreens UK Limited v John Strain (Full Decision _Transfer) [2013] DRS 13357 (10 December 2013)

Evergreens UK Limited v John Strain (Full Decision _Transfer) [2013] DRS 13357 (10 December 2013)

The Panel found that the domain name evergreensuk.com was identical or similar to the complainant's trademark and business name, and that the respondent's registration constituted abusive registration under the Nominet DRS Policy. The domain name was ordered to be transferred to the complainant.

Citation
[2013] DRS 13357
Parties
Complainant: Evergreens UK Limited; Respondent: John Strain
Jurisdiction
United Kingdom
Judgment Date
10 December 2013
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Transfer, Passing Off, Trademark Infringement
Intellectual Property Domain Name Transfer Passing Off Trademark Infringement

Case Brief

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Parties

Evergreens UK Limited

Complainant

John Strain

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name evergreensuk.com should be transferred to the complainant
  2. 2 Whether the respondent's registration constitutes abusive registration

Ratio Decidendi

The Panel found that the domain name evergreensuk.com was identical or similar to the complainant's trademark and business name, and that the respondent's registration constituted abusive registration under the Nominet DRS Policy. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

  • The domain name evergreensuk.com is to be transferred to Evergreens UK Limited