Stelrad Limited v Mr Mark Hughes (Full Decision _Transfer) [2019] DRS 21185 (13 May 2019)

Stelrad Limited v Mr Mark Hughes (Full Decision _Transfer) [2019] DRS 21185 (13 May 2019)

The panel found that the complainant had rights in the name and mark, that the domain name was identical or similar, and that the respondent's registration and use was unfairly detrimental to the complainant's rights. Transfer of the domain name was ordered.

Citation
[2019] DRS 21185
Parties
Complainant: Stelrad Limited; Respondent: Mr Mark Hughes
Jurisdiction
United Kingdom
Judgment Date
13 May 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
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

Stelrad Limited

Complainant

Mr Mark Hughes

Respondent

Procedural Posture

Domain Name Dispute / Full 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 domain name was registered or is being used in a manner that takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the name and mark, that the domain name was identical or similar, and that the respondent's registration and use was unfairly detrimental to the complainant's rights. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name is to be transferred to Stelrad Limited.