Bestway Group v Marc Gervinet (Summary Decision _Transfer) [2016] DRS 17447 (15 June 2016)

Bestway Group v Marc Gervinet (Summary Decision _Transfer) [2016] DRS 17447 (15 June 2016)

The panel found that the complainant had established all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainant.

Citation
[2016] DRS 17447
Parties
Complainant: Bestway Group; Respondent: Marc Gervinet
Jurisdiction
United Kingdom
Judgment Date
15 June 2016
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Bestway Group

Complainant

Marc Gervinet

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name 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 all three elements required under the Nominet DRS Policy and ordered the transfer of the domain name to the complainant.

Court Disposition

Transfer ordered

Orders

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