Mahindra And Mahindra Ltd v Mr Mark Brooks (Full Decision _Transfer) [2012] DRS 11298 (19 July 2012)

Mahindra And Mahindra Ltd v Mr Mark Brooks (Full Decision _Transfer) [2012] DRS 11298 (19 July 2012)

The domain name was found to be identical to the complainant's trademark, the respondent had no legitimate interest, and registration was abusive, warranting transfer.

Citation
[2012] DRS 11298
Parties
Complainant: Mahindra And Mahindra Ltd; Respondent: Mr Mark Brooks
Jurisdiction
United Kingdom
Judgment Date
19 July 2012
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Domain Name Transfer Trademark Infringement

Case Brief

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Parties

Mahindra And Mahindra Ltd

Complainant

Mr Mark Brooks

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name should be transferred to the complainant
  2. 2 Whether the respondent's registration was abusive

Ratio Decidendi

The domain name was found to be identical to the complainant's trademark, the respondent had no legitimate interest, and registration was abusive, warranting transfer.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of domain name to Mahindra And Mahindra Ltd