Wirral Wetrooms Ltd v Mathew Whiteley T/a CW Web Design (Full Decision _Transfer) [2012] DRS 11518 (30 August 2012)

Wirral Wetrooms Ltd v Mathew Whiteley T/a CW Web Design (Full Decision _Transfer) [2012] DRS 11518 (30 August 2012)

The panel found that the complainant had rights in the name and that the respondent's registration of the domain name was abusive under the DRS Policy.

Citation
[2012] DRS 11518
Parties
Complainant: Wirral Wetrooms Ltd; Respondent: Mathew Whiteley T/a CW Web Design
Jurisdiction
United Kingdom
Judgment Date
30 August 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Rights
Intellectual Property Domain Name Dispute Passing Off Trade Mark Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Wirral Wetrooms Ltd

Complainant

Mathew Whiteley T/a CW Web Design

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the complainant has rights in respect of a name or mark which is identical or similar to the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name and that the respondent's registration of the domain name was abusive under the DRS Policy.

Court Disposition

Transfer ordered

Orders

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