Broadwood International v Mark Page (Full Decision _Transfer) [2011] DRS 9662 (08 June 2011)

Broadwood International v Mark Page (Full Decision _Transfer) [2011] DRS 9662 (08 June 2011)

The panel found that the complainant had rights in the name, the respondent had no legitimate interests, and the domain name was registered and used in bad faith, warranting transfer.

Citation
[2011] DRS 9662
Parties
Complainant: Broadwood International; Respondent: Mark Page
Jurisdiction
United Kingdom
Judgment Date
08 June 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Broadwood International

Complainant

Mark Page

Respondent

Procedural Posture

Domain Name Dispute / Full 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 has been registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the name, the respondent had no legitimate interests, and the domain name was registered and used in bad faith, warranting transfer.

Court Disposition

Transfer ordered

Orders

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