Crosswater Limited v Mr Michael Gallagher (Full Decision _Transfer) [2019] DRS 20527 (10 January 2019)

Crosswater Limited v Mr Michael Gallagher (Full Decision _Transfer) [2019] DRS 20527 (10 January 2019)

The Panel found that the complainant had rights in the name and mark 'Crosswater', that the domain name was identical or similar, and that the respondent's registration was abusive as there was no legitimate interest and no response was filed.

Citation
[2019] DRS 20527
Parties
Complainant: Crosswater Limited; Respondent: Mr Michael Gallagher
Jurisdiction
United Kingdom
Judgment Date
10 January 2019
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld; domain name to be 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

Crosswater Limited

Complainant

Mr Michael Gallagher

Respondent

Procedural Posture

Domain Name Dispute / Final 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's registration or use of the domain name is abusive

Ratio Decidendi

The Panel found that the complainant had rights in the name and mark 'Crosswater', that the domain name was identical or similar, and that the respondent's registration was abusive as there was no legitimate interest and no response was filed.

Court Disposition

Complaint upheld; domain name to be transferred to complainant.

Orders

  • Transfer of the domain name to Crosswater Limited