DuPont Performance Elastomers LLC v Mr Graham Naughton (Full Decision _Transfer) [2013] DRS 12108 (11 March 2013)

DuPont Performance Elastomers LLC v Mr Graham Naughton (Full Decision _Transfer) [2013] DRS 12108 (11 March 2013)

The complainant established rights in the name and mark, and the respondent's registration was found to be abusive as per the DRS Policy.

Citation
[2013] DRS 12108
Parties
Complainant: DuPont Performance Elastomers LLC; Respondent: Mr Graham Naughton
Jurisdiction
United Kingdom
Judgment Date
11 March 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

DuPont Performance Elastomers LLC

Complainant

Mr Graham Naughton

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's registration is abusive

Ratio Decidendi

The complainant established rights in the name and mark, and the respondent's registration was found to be abusive as per the DRS Policy.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant