O2 Worldwide Limited v Mr Alan Haynes (Full Decision _Transfer) [2019] DRS 20934 (02 August 2019)

O2 Worldwide Limited v Mr Alan Haynes (Full Decision _Transfer) [2019] DRS 20934 (02 August 2019)

The panel found that the complainant had rights in the O2 mark, that the domain name was identical or similar, and that the respondent's registration and use of the domain name was unfairly detrimental to the complainant's rights. The domain name was ordered to be transferred to the complainant.

Citation
[2019] DRS 20934
Parties
Complainant: O2 Worldwide Limited; Respondent: Mr Alan Haynes
Jurisdiction
United Kingdom
Judgment Date
02 August 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

O2 Worldwide Limited

Complainant

Mr Alan Haynes

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 domain name has been registered or is being used in a manner which takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the O2 mark, that the domain name was identical or similar, and that the respondent's registration and use of the domain name was unfairly detrimental to the complainant's rights. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name is to be transferred to O2 Worldwide Limited.