Pop Up Power Limited v Macs Automated Bollard Systems Ltd (Full Decision _Transfer) [2012] DRS 10860 (31 May 2012)

Pop Up Power Limited v Macs Automated Bollard Systems Ltd (Full Decision _Transfer) [2012] DRS 10860 (31 May 2012)

The Panel found that the domain name was registered abusively, as it was identical to the complainant's name and likely to cause confusion, warranting transfer under the DRS Policy.

Citation
[2012] DRS 10860
Parties
Complainant: Pop Up Power Limited; Respondent: Macs Automated Bollard Systems Ltd
Jurisdiction
United Kingdom
Judgment Date
31 May 2012
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Passing Off
Intellectual Property Domain Name Transfer Passing Off

Case Brief

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Parties

Pop Up Power Limited

Complainant

Macs Automated Bollard Systems Ltd

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name should be transferred due to abusive registration
  2. 2 Whether the respondent's registration constitutes passing off

Ratio Decidendi

The Panel found that the domain name was registered abusively, as it was identical to the complainant's name and likely to cause confusion, warranting transfer under the DRS Policy.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of domain name to Pop Up Power Limited