50cycles Ltd v Martyn Bigby (Summary Decision _Transfer) [2011] DRS 9843 (14 June 2011)

50cycles Ltd v Martyn Bigby (Summary Decision _Transfer) [2011] DRS 9843 (14 June 2011)

The complainant established rights in the name or mark and demonstrated that the respondent's registration was abusive. The domain name should be transferred to the complainant.

Citation
[2011] DRS 9843
Parties
Complainant: 50cycles Ltd; Respondent: Martyn Bigby
Jurisdiction
United Kingdom
Judgment Date
14 June 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

50cycles Ltd

Complainant

Martyn Bigby

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's registration or use of the domain name is abusive

Ratio Decidendi

The complainant established rights in the name or mark and demonstrated that the respondent's registration was abusive. The domain name should be transferred to the complainant.

Court Disposition

Transfer ordered

Orders

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