TUI AG v Lorraine West (Summary Decision _Transfer) [2018] DRS 19524 (15 January 2018)

TUI AG v Lorraine West (Summary Decision _Transfer) [2018] DRS 19524 (15 January 2018)

The panel found that the complainant had established rights in the mark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered in bad faith. Transfer of the domain name was ordered.

Citation
[2018] DRS 19524
Parties
Complainant: TUI AG; Respondent: Lorraine West
Jurisdiction
United Kingdom
Judgment Date
15 January 2018
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

TUI AG

Complainant

Lorraine West

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent 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 established rights in the mark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to TUI AG