LivingSocial, Inc. v Mr Roy Vivasi (Full Decision _Transfer) [2012] DRS 10401 (12 January 2012)

LivingSocial, Inc. v Mr Roy Vivasi (Full Decision _Transfer) [2012] DRS 10401 (12 January 2012)

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

Citation
[2012] DRS 10401
Parties
Complainant: LivingSocial, Inc.; Respondent: Mr Roy Vivasi
Jurisdiction
United Kingdom
Judgment Date
12 January 2012
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer ordered
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

LivingSocial, Inc.

Complainant

Mr Roy Vivasi

Respondent

Procedural Posture

Domain Name Dispute / Final 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 name, the domain name was identical or similar, the respondent had no legitimate rights or interests, and the domain name was registered and used in bad faith.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant.