Société Des Produits Nestlé S.A. v Liu Weihong (Full Decision _Transfer) [2014] DRS 14372 (12 August 2014)

Société Des Produits Nestlé S.A. v Liu Weihong (Full Decision _Transfer) [2014] DRS 14372 (12 August 2014)

The Panel found that the complainant had rights in the mark and that the respondent's registration of the domain name was abusive, as it took unfair advantage of the complainant's rights and the respondent had no legitimate interests in the domain name.

Citation
[2014] DRS 14372
Parties
Complainant: Société Des Produits Nestlé S. A.; Respondent: Liu Weihong
Jurisdiction
United Kingdom
Judgment Date
12 August 2014
Procedural Posture
Domain Name Dispute / 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

Société Des Produits Nestlé S. A.

Complainant

Liu Weihong

Respondent

Procedural Posture

Domain Name Dispute / 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 mark and that the respondent's registration of the domain name was abusive, as it took unfair advantage of the complainant's rights and the respondent had no legitimate interests in the domain name.

Court Disposition

Transfer ordered

Orders

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