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
Legal Issues
- 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 Whether the Respondent has rights or legitimate interests in respect of the domain name
- 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.
Full Case Text
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