Bayerische Motoren Werke AG v Mr Adrian Dumitrescu (Full Decision _Transfer) [2017] DRS 19362 (17 November 2017)

Bayerische Motoren Werke AG v Mr Adrian Dumitrescu (Full Decision _Transfer) [2017] DRS 19362 (17 November 2017)

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Citation
[2017] DRS 19362
Parties
Complainant: Bayerische Motoren Werke AG; Respondent: Mr Adrian Dumitrescu
Jurisdiction
United Kingdom
Judgment Date
17 November 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Bayerische Motoren Werke AG

Complainant

Mr Adrian Dumitrescu

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark in which the Complainant has rights
  2. 2 Whether the Respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the Complainant