Medical Elite Recruitment & Practice Sales Limited v Mr Phillip Barker (Full Decision _Transfer) [2016] DRS 17759 (11 October 2016)

Medical Elite Recruitment & Practice Sales Limited v Mr Phillip Barker (Full Decision _Transfer) [2016] DRS 17759 (11 October 2016)

The panel found that the complainant had rights in the name and that the respondent's registration was abusive, as the respondent had no legitimate rights or interests in the domain name.

Citation
[2016] DRS 17759
Parties
Complainant: Medical Elite Recruitment & Practice Sales Limited; Respondent: Mr Phillip Barker
Jurisdiction
United Kingdom
Judgment Date
11 October 2016
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Law Internet Law Domain Name Dispute Passing Off Trademark Infringement

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Parties

Medical Elite Recruitment & Practice Sales Limited

Complainant

Mr Phillip Barker

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name and that the respondent's registration was abusive, as the respondent had no legitimate rights or interests in the domain name.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant