Knockout Challenge Limited v Knockout Roadshow Ltd (Full Decision _Transfer) [2011] DRS 9319 (31 January 2011)
The panel found that the complainant had rights in the name and that the domain name was identical or similar. The respondent's use was found to be abusive as it took unfair advantage of the complainant's rights.
- Citation
- [2011] DRS 9319
- Parties
- Complainant: Knockout Challenge Limited; Respondent: Knockout Roadshow Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 31 January 2011
- Procedural Posture
- Domain Name Dispute / Full Decision
- Outcome
- Transfer ordered
- Legal Topics
- Domain Name Dispute, Passing Off, Trademark Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
Knockout Challenge Limited
Complainant
Knockout Roadshow Ltd
Respondent
Procedural Posture
Domain Name Dispute / Full Decision
Legal Issues
- 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
- 2 Whether the domain name has been registered or is being used in a manner that takes unfair advantage of or is unfairly detrimental to the complainant's rights
Ratio Decidendi
The panel found that the complainant had rights in the name and that the domain name was identical or similar. The respondent's use was found to be abusive as it took unfair advantage of the complainant's rights.
Court Disposition
Transfer ordered
Orders
- The domain name is to be transferred to the complainant.
Full Case Text
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