Save Your Sole Limited (trading as Red Soles) v Media Lounge (Full Decision _No Action) [2011] DRS 10124 (29 September 2011)

The Panel found that the Complainant failed to prove that the Respondent registered the domain name in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's rights.

Citation: [2011] DRS 10124
Parties: Complainant: Save Your Sole Limited (trading as Red Soles); Respondent: Media Lounge
Jurisdiction: United Kingdom
Judgment Date: 29 September 2011
Procedural Posture: Domain Name Dispute / Final Decision
Outcome: Complaint denied
Legal Topics: Domain Name Dispute, Passing Off, Trade Mark Infringement

Intellectual Property Internet Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Save Your Sole Limited (trading as Red Soles)

Complainant

Media Lounge

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

1 Whether the domain name was registered in a manner which, at the time when the registration took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights.
2 Whether the Respondent has rights or legitimate interests in respect of the domain name.

Ratio Decidendi

The Panel found that the Complainant failed to prove that the Respondent registered the domain name in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's rights.

Court Disposition

Complaint denied