VKR Holding A/S v Mr Mark Blainey (Full Decision _Transfer) [2013] DRS 13172 (25 November 2013)

VKR Holding A/S v Mr Mark Blainey (Full Decision _Transfer) [2013] DRS 13172 (25 November 2013)

The panel found that the complainant established rights in the trademark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2013] DRS 13172
Parties
Complainant: VKR Holding A/S; Respondent: Mr Mark Blainey
Jurisdiction
United Kingdom
Judgment Date
25 November 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

VKR Holding A/S

Complainant

Mr Mark Blainey

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a trademark 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 was registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant established rights in the trademark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant