Mr Christopher Denzil Whitmarsh The Bubbly Champagne Company Ltd v Mr. Michael Forster Amann (Full Decision _Transfer) [2012] DRS 10293 (02 February 2012)

Mr Christopher Denzil Whitmarsh The Bubbly Champagne Company Ltd v Mr. Michael Forster Amann (Full Decision _Transfer) [2012] DRS 10293 (02 February 2012)

The Panel found that the complainant had rights in a name or mark similar to the domain name and that the respondent's registration was abusive under the Nominet DRS Policy.

Citation
[2012] DRS 10293
Parties
Complainant: Mr Christopher Denzil Whitmarsh; Complainant: The Bubbly Champagne Company Ltd; Respondent: Mr. Michael Forster Amann
Jurisdiction
United Kingdom
Judgment Date
02 February 2012
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

Mr Christopher Denzil Whitmarsh

Complainant

The Bubbly Champagne Company Ltd

Complainant

Mr. Michael Forster Amann

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the respondent's registration of the disputed domain name was abusive under the Nominet DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The Panel found that the complainant had rights in a name or mark similar to the domain name and that the respondent's registration was abusive under the Nominet DRS Policy.

Court Disposition

complaint upheld

Orders

  • the domain name is to be transferred to the complainant