Byron Hamburgers Limited v Mr Anthony Wright (Full Decision _Transfer) [2019] DRS 21217 (04 June 2019)

Byron Hamburgers Limited v Mr Anthony Wright (Full Decision _Transfer) [2019] DRS 21217 (04 June 2019)

The panel found that the complainant had established rights in the name, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith, warranting a transfer.

Citation
[2019] DRS 21217
Parties
Complainant: Byron Hamburgers Limited; Respondent: Mr Anthony Wright
Jurisdiction
United Kingdom
Judgment Date
04 June 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Byron Hamburgers Limited

Complainant

Mr Anthony Wright

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 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 complainant had established rights in the name, that the respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith, warranting a transfer.

Court Disposition

Transfer ordered

Orders

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