JAKKS Pacific, Inc. v Mr Seb Clark Trifega Ltd (Full Decision _Transfer) [2016] DRS 17732 (19 October 2016)

JAKKS Pacific, Inc. v Mr Seb Clark Trifega Ltd (Full Decision _Transfer) [2016] DRS 17732 (19 October 2016)

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

Citation
[2016] DRS 17732
Parties
Complainant: JAKKS Pacific, Inc.; Respondent: Mr Seb Clark; Respondent: Trifega Ltd
Jurisdiction
United Kingdom
Judgment Date
19 October 2016
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

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Parties

JAKKS Pacific, Inc.

Complainant

Mr Seb Clark

Respondent

Trifega Ltd

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 domain name was identical or similar to the complainant's mark, that the respondent had no rights or legitimate interests, and that 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.