Co-operative Group Limited v Lead Spark Ltd (Full Decision _Transfer) [2019] DRS 20859 (25 February 2019)

Co-operative Group Limited v Lead Spark Ltd (Full Decision _Transfer) [2019] DRS 20859 (25 February 2019)

The complainant established rights in the name and trade marks, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2019] DRS 20859
Parties
Complainant: Co-operative Group Limited; Respondent: Lead Spark Ltd
Jurisdiction
United Kingdom
Judgment Date
25 February 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off
Intellectual Property Law Domain Name Disputes Trade Marks Passing Off

Case Brief

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Parties

Co-operative Group Limited

Complainant

Lead Spark Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name in dispute 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 complainant established rights in the name and trade marks, the respondent had no legitimate interest, 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 the domain name to Co-operative Group Limited