Booking.com BV v Mr Russell Maher (Full Decision _Transfer) [2017] DRS 18226 (04 January 2017)

Booking.com BV v Mr Russell Maher (Full Decision _Transfer) [2017] DRS 18226 (04 January 2017)

The Panel found that the domain name was identical or similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith.

Citation
[2017] DRS 18226
Parties
Complainant: Booking.com BV; Respondent: Mr Russell Maher
Jurisdiction
United Kingdom
Judgment Date
04 January 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement

Case Brief

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Parties

Booking.com BV

Complainant

Mr Russell Maher

Respondent

Procedural Posture

Domain Name Dispute / Full 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, that the Respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the Complainant