Alibaba Group Holding Limited v Mr Wolfgang Klein (Full Decision _Transfer) [2019] DRS 21023 (12 March 2019)

Alibaba Group Holding Limited v Mr Wolfgang Klein (Full Decision _Transfer) [2019] DRS 21023 (12 March 2019)

The complainant established rights in the ALIBABA mark, the domain name is identical or similar, and the respondent's registration was abusive as per the DRS Policy. No evidence of rights or legitimate interests by the respondent was provided.

Source-derived case information.

Citation
[2019] DRS 21023
Parties
Complainant: Alibaba Group Holding Limited; Respondent: Mr Wolfgang Klein
Jurisdiction
United Kingdom
Judgment Date
12 March 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Domain Name Law Trade Mark Infringement Passing Off Abusive Registration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alibaba Group Holding Limited

Complainant

Mr Wolfgang Klein

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The complainant established rights in the ALIBABA mark, the domain name is identical or similar, and the respondent's registration was abusive as per the DRS Policy. No evidence of rights or legitimate interests by the respondent was provided.

Court Disposition

Transfer ordered

Orders

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