Nutanix, Inc v Mr Malcolm Johnson (Full Decision _Transfer) [2018] DRS 20454 (05 November 2018)

Nutanix, Inc v Mr Malcolm Johnson (Full Decision _Transfer) [2018] DRS 20454 (05 November 2018)

The Panel found that the Respondent's registration of nutanix.co.uk was an Abusive Registration as it took unfair advantage of the Complainant's trademark rights and goodwill.

Citation
[2018] DRS 20454
Parties
Complainant: Nutanix, Inc; Respondent: Mr Malcolm Johnson
Jurisdiction
United Kingdom
Judgment Date
05 November 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

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Parties

Nutanix, Inc

Complainant

Mr Malcolm Johnson

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name nutanix.co.uk is an Abusive Registration under the DRS Policy

Ratio Decidendi

The Panel found that the Respondent's registration of nutanix.co.uk was an Abusive Registration as it took unfair advantage of the Complainant's trademark rights and goodwill.

Court Disposition

Transfer ordered

Orders

  • The domain name nutanix.co.uk is to be transferred to the Complainant.