Nutanix, Inc v Mr Rob Ganly (Full Decision _Transfer) [2019] DRS 21648 (22 August 2019)

Nutanix, Inc v Mr Rob Ganly (Full Decision _Transfer) [2019] DRS 21648 (22 August 2019)

The panel found that the complainant had rights in the mark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2019] DRS 21648
Parties
Complainant: Nutanix, Inc; Respondent: Mr Rob Ganly
Jurisdiction
United Kingdom
Judgment Date
22 August 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Nutanix, Inc

Complainant

Mr Rob Ganly

Respondent

Procedural Posture

Domain Name Dispute / Full 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 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 complainant had rights in the mark, the domain name was identical or similar, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant