Onstar , LLC v KBurgess (Full Decision _Transfer) [2011] DRS 9650 (06 May 2011)

Onstar , LLC v KBurgess (Full Decision _Transfer) [2011] DRS 9650 (06 May 2011)

The Panel found that the Complainant had rights in the ONSTAR mark, the domain name was identical to the mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2011] DRS 9650
Parties
Complainant: Onstar, LLC; Respondent: KBurgess
Jurisdiction
United Kingdom
Judgment Date
06 May 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Law Domain Name Dispute Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Onstar, LLC

Complainant

KBurgess

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name onstar.co.uk is identical or similar to a name or mark in which the Complainant has rights
  2. 2 Whether the Respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The Panel found that the Complainant had rights in the ONSTAR mark, the domain name was identical to the mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to Complainant

Orders

  • Transfer of domain name onstar.co.uk to Onstar, LLC