Kendra Scott LLC v Karen Harrington (Full Decision _Transfer) [2017] DRS 19350 (13 November 2017)

Kendra Scott LLC v Karen Harrington (Full Decision _Transfer) [2017] DRS 19350 (13 November 2017)

The panel found that the complainant had rights in the name and mark, and that the respondent's registration was abusive under the Nominet DRS Policy. The respondent failed to demonstrate rights or legitimate interests in the domain name.

Citation
[2017] DRS 19350
Parties
Complainant: Kendra Scott LLC; Respondent: Karen Harrington
Jurisdiction
United Kingdom
Judgment Date
13 November 2017
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Kendra Scott LLC

Complainant

Karen Harrington

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name and mark, and that the respondent's registration was abusive under the Nominet DRS Policy. The respondent failed to demonstrate rights or legitimate interests in the domain name.

Court Disposition

Transfer ordered

Orders

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