Tarmac Trading Limited v Mr Chris Carlin (Summary Decision _Transfer) [2017] DRS 18424 (02 March 2017)

Tarmac Trading Limited v Mr Chris Carlin (Summary Decision _Transfer) [2017] DRS 18424 (02 March 2017)

The domain name is identical or similar to the complainant's mark, and the respondent's registration was abusive as no legitimate interest was demonstrated.

Citation
[2017] DRS 18424
Parties
Complainant: Tarmac Trading Limited; Respondent: Mr Chris Carlin
Jurisdiction
United Kingdom
Judgment Date
02 March 2017
Procedural Posture
Domain Name Dispute / Summary 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

Tarmac Trading Limited

Complainant

Mr Chris Carlin

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 is abusive

Ratio Decidendi

The domain name is identical or similar to the complainant's mark, and the respondent's registration was abusive as no legitimate interest was demonstrated.

Court Disposition

Transfer ordered

Orders

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