Virgin Enterprises Limited v Mars Out (Summary Decision _Transfer) [2018] DRS 19585 (09 January 2018)

Virgin Enterprises Limited v Mars Out (Summary Decision _Transfer) [2018] DRS 19585 (09 January 2018)

The panel found that the complainant had established rights in the 'Virgin' trademark and that the respondent's registration of the domain name was abusive under the Nominet DRS Policy, warranting transfer of the domain name to the complainant.

Citation
[2018] DRS 19585
Parties
Complainant: Virgin Enterprises Limited; Respondent: Mars Out
Jurisdiction
United Kingdom
Judgment Date
09 January 2018
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name to complainant
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Virgin Enterprises Limited

Complainant

Mars Out

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The panel found that the complainant had established rights in the 'Virgin' trademark and that the respondent's registration of the domain name was abusive under the Nominet DRS Policy, warranting transfer of the domain name to the complainant.

Court Disposition

Transfer of domain name to complainant

Orders

  • The domain name is to be transferred to Virgin Enterprises Limited.