Brake Bros Limited v Mr Mare Wisniewski (Summary Decision _Transfer) [2018] DRS 20034 (26 April 2018)

Brake Bros Limited v Mr Mare Wisniewski (Summary Decision _Transfer) [2018] DRS 20034 (26 April 2018)

The panel found that the complainant established rights in the mark, the respondent had no legitimate interests, and the domain name was registered and used in bad faith. The domain name should be transferred to the complainant.

Citation
[2018] DRS 20034
Parties
Complainant: Brake Bros Limited; Respondent: Mr Mare Wisniewski
Jurisdiction
United Kingdom
Judgment Date
26 April 2018
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name to complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off
Intellectual Property Information Technology Domain Name Dispute Trade Mark Infringement Passing Off

Case Brief

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Parties

Brake Bros Limited

Complainant

Mr Mare Wisniewski

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name has been registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant established rights in the mark, the respondent had no legitimate interests, and the domain name was registered and used in bad faith. The domain name should be transferred to the complainant.

Court Disposition

Transfer of domain name to complainant

Orders

  • The domain name is to be transferred to Brake Bros Limited.