ALF (AQUATIC DISTRIBUTORS) LTD v Kettering Koi & Ponds Ltd (Full Decision _Transfer) [2015] DRS 15763 (16 June 2015)

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

Citation: [2015] DRS 15763
Parties: Complainant: ALF (AQUATIC DISTRIBUTORS) LTD; Respondent: Kettering Koi & Ponds Ltd
Jurisdiction: United Kingdom
Judgment Date: 16 June 2015
Procedural Posture: Domain Name Dispute / Full Decision
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Dispute, Passing Off, Trademark Infringement

Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

ALF (AQUATIC DISTRIBUTORS) LTD

Complainant

Kettering Koi & Ponds Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

1 Whether the domain name registration is abusive
2 Whether the complainant has rights in 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 of the domain name was abusive, justifying a transfer of the domain name to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

Transfer of the disputed domain name to the complainant