Cosmetica Cosbar, S.L. v Mr Andrew Carr (Full Decision _Transfer) [2012] DRS 10898 (17 April 2012)

Cosmetica Cosbar, S.L. v Mr Andrew Carr (Full Decision _Transfer) [2012] DRS 10898 (17 April 2012)

The Panel found that the complainant had rights in the name or mark and that the domain name was identical or similar to it, and that the respondent's registration was abusive under the DRS Policy.

Citation
[2012] DRS 10898
Parties
Complainant: Cosmetica Cosbar, S. L.; Respondent: Mr Andrew Carr
Jurisdiction
United Kingdom
Judgment Date
17 April 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
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

Cosmetica Cosbar, S. L.

Complainant

Mr Andrew Carr

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 of the domain name is abusive

Ratio Decidendi

The Panel found that the complainant had rights in the name or mark and that the domain name was identical or similar to it, and that the respondent's registration was abusive under the DRS Policy.

Court Disposition

Transfer ordered

Orders

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