Imperative Training Ltd Trading as Defibshop v Mr Chris Scott (Full Decision _Transfer) [2012] DRS 11555 (19 September 2012)

Imperative Training Ltd Trading as Defibshop v Mr Chris Scott (Full Decision _Transfer) [2012] DRS 11555 (19 September 2012)

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

Citation
[2012] DRS 11555
Parties
Complainant: Imperative Training Ltd Trading as Defibshop; Respondent: Mr Chris Scott
Jurisdiction
United Kingdom
Judgment Date
19 September 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer of domain name to Complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Imperative Training Ltd Trading as Defibshop

Complainant

Mr Chris Scott

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

  1. 1 Whether the domain name registered by the Respondent 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 has been registered or is being used in bad faith

Ratio Decidendi

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

Court Disposition

Transfer of domain name to Complainant

Orders

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