British Telecommunications Public Limited Company v Mr Qureshi (Full Decision _Transfer) [2013] DRS 13310 (18 November 2013)

British Telecommunications Public Limited Company v Mr Qureshi (Full Decision _Transfer) [2013] DRS 13310 (18 November 2013)

The panel found that the domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the domain name was registered in bad faith, warranting transfer to the complainant.

Citation
[2013] DRS 13310
Parties
Complainant: British Telecommunications Public Limited Company; Respondent: Mr Qureshi
Jurisdiction
United Kingdom
Judgment Date
18 November 2013
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
complaint upheld
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

British Telecommunications Public Limited Company

Complainant

Mr Qureshi

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is identical or similar to a trademark in which the complainant has rights
  2. 2 Whether the respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The panel found that the domain name was identical or similar to the complainant's trademark, the respondent had no rights or legitimate interests, and the domain name was registered in bad faith, warranting transfer to the complainant.

Court Disposition

complaint upheld

Orders

  • The domain name is to be transferred to the complainant