Sophie Arkette v Mr Philip Cave (Summary Decision _Transfer) [2019] DRS 21627 (27 August 2019)

Sophie Arkette v Mr Philip Cave (Summary Decision _Transfer) [2019] DRS 21627 (27 August 2019)

The Panel found that the complainant had rights in the name or mark and that the respondent's registration was abusive, warranting transfer of the domain name.

Citation
[2019] DRS 21627
Parties
Complainant: Sophie Arkette; Respondent: Mr Philip Cave
Jurisdiction
United Kingdom
Judgment Date
27 August 2019
Procedural Posture
Domain Name Dispute / Summary 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

Sophie Arkette

Complainant

Mr Philip Cave

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 of the domain name is abusive

Ratio Decidendi

The Panel found that the complainant had rights in the name or mark and that the respondent's registration was abusive, warranting transfer of the domain name.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to the complainant