Mere Marketing v Michael Gallagher (Full Decision _Transfer) [2011] DRS 9389 (23 March 2011)

Mere Marketing v Michael Gallagher (Full Decision _Transfer) [2011] DRS 9389 (23 March 2011)

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

Citation
[2011] DRS 9389
Parties
Complainant: Mere Marketing; Respondent: Michael Gallagher
Jurisdiction
United Kingdom
Judgment Date
23 March 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Mere Marketing

Complainant

Michael Gallagher

Respondent

Procedural Posture

Domain Name Dispute / Full 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 panel found that the complainant had rights in the name or mark 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