Tom Hartley Jnr Limited Mr Thomas Hartley v Jonathan Foxx (Full Decision _Transfer) [2019] DRS 20949 (14 August 2019)

Tom Hartley Jnr Limited Mr Thomas Hartley v Jonathan Foxx (Full Decision _Transfer) [2019] DRS 20949 (14 August 2019)

The panel found that the complainant had rights in the name or mark and that the respondent's registration was abusive, warranting a transfer of the domain name.

Citation
[2019] DRS 20949
Parties
Complainant: Tom Hartley Jnr Limited; Complainant: Mr Thomas Hartley; Respondent: Jonathan Foxx
Jurisdiction
United Kingdom
Judgment Date
14 August 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
domain name transferred to complainant
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

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Parties

Tom Hartley Jnr Limited

Complainant

Mr Thomas Hartley

Complainant

Jonathan Foxx

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the respondent's registration of the domain name constitutes an abusive registration
  2. 2 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name or mark and that the respondent's registration was abusive, warranting a transfer of the domain name.

Court Disposition

domain name transferred to complainant

Orders

  • Transfer of the domain name to the complainant