Office Depot , Inc . (trading as Office Depot) v Mohsin Khan (Summary Decision _Transfer) [2011] DRS 10183 (28 September 2011)

Office Depot , Inc . (trading as Office Depot) v Mohsin Khan (Summary Decision _Transfer) [2011] DRS 10183 (28 September 2011)

The Panel found that the Complainant had rights in the name 'Office Depot', that the domain name was identical or similar, and that the registration by the Respondent was abusive. The domain name was ordered to be transferred to the Complainant.

Citation
[2011] DRS 10183
Parties
Complainant: Office Depot, Inc. (trading as Office Depot); Respondent: Mohsin Khan
Jurisdiction
United Kingdom
Judgment Date
28 September 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Transfer, Trade Mark Infringement
Intellectual Property Law Domain Name Law Domain Name Transfer Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Office Depot, Inc. (trading as Office Depot)

Complainant

Mohsin Khan

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a name or mark in which the Complainant has rights
  2. 2 Whether the Respondent's registration of the domain name is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name 'Office Depot', that the domain name was identical or similar, and that the registration by the Respondent was abusive. The domain name was ordered to be transferred to the Complainant.

Court Disposition

Domain name transfer ordered

Orders

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