Tumblr, Inc. v Mr Paul Guerin (Appeal for case D00011211 _Appeal: Upheld - Transfer) [2012] DRS 11211 (27 July 2012)

Tumblr, Inc. v Mr Paul Guerin (Appeal for case D00011211 _Appeal: Upheld - Transfer) [2012] DRS 11211 (27 July 2012)

The appeal panel found that Tumblr, Inc. had established rights in the TUMBLR mark and that the respondent's registration of the domain name was abusive, warranting transfer.

Citation
[2012] DRS 11211
Parties
Complainant: Tumblr, Inc.; Respondent: Mr Paul Guerin
Jurisdiction
United Kingdom
Judgment Date
27 July 2012
Procedural Posture
Domain Name Dispute / Appeal
Outcome
appeal 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

Tumblr, Inc.

Complainant

Mr Paul Guerin

Respondent

Procedural Posture

Domain Name Dispute / Appeal

Legal Issues

  1. 1 Whether the registration of the domain name constitutes an abusive registration
  2. 2 Whether the complainant has rights in respect of a name or mark which is identical or similar to the domain name

Ratio Decidendi

The appeal panel found that Tumblr, Inc. had established rights in the TUMBLR mark and that the respondent's registration of the domain name was abusive, warranting transfer.

Court Disposition

appeal upheld

Orders

  • domain name to be transferred to Tumblr, Inc.