Evergreens (UK) Limited v Mr Gary McIntosh (Full Decision _Transfer) [2016] DRS 17925 (08 December 2016)

Evergreens (UK) Limited v Mr Gary McIntosh (Full Decision _Transfer) [2016] DRS 17925 (08 December 2016)

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

Citation
[2016] DRS 17925
Parties
Complainant: Evergreens (UK) Limited; Respondent: Mr Gary McIntosh
Jurisdiction
United Kingdom
Judgment Date
08 December 2016
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Evergreens (UK) Limited

Complainant

Mr Gary McIntosh

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 domain name has been registered or used in a manner which takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

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

Court Disposition

Transfer ordered

Orders

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