Barclays PLC v Markus Schnermann (Full Decision _Transfer) [2011] DRS 9406 (08 February 2011)

Barclays PLC v Markus Schnermann (Full Decision _Transfer) [2011] DRS 9406 (08 February 2011)

The panel found that the domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2011] DRS 9406
Parties
Complainant: Barclays PLC; Respondent: Markus Schnermann
Jurisdiction
United Kingdom
Judgment Date
08 February 2011
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer of domain name to complainant
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Barclays PLC

Complainant

Markus Schnermann

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a trademark 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 domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Transfer of domain name to complainant

Orders

  • The domain name is to be transferred to Barclays PLC