Taxassist Direct Limited v Mr James Clifton (Full Decision _Transfer) [2012] DRS 11191 (10 July 2012)

Taxassist Direct Limited v Mr James Clifton (Full Decision _Transfer) [2012] DRS 11191 (10 July 2012)

The panel found that the complainant had established rights in the name and that the respondent's registration was abusive under the DRS Policy.

Citation
[2012] DRS 11191
Parties
Complainant: Taxassist Direct Limited; Respondent: Mr James Clifton
Jurisdiction
United Kingdom
Judgment Date
10 July 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Taxassist Direct Limited

Complainant

Mr James Clifton

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the complainant has rights in respect of a name or mark identical or similar to the domain name

Ratio Decidendi

The panel found that the complainant had established rights in the name and that the respondent's registration was abusive under the DRS Policy.

Court Disposition

Transfer ordered

Orders

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