Kiddicare.Com Limited v Mrs. Carol Allsopp (Full Decision _Transfer) [2011] DRS 10308 (20 December 2011)

Kiddicare.Com Limited v Mrs. Carol Allsopp (Full Decision _Transfer) [2011] DRS 10308 (20 December 2011)

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

Citation
[2011] DRS 10308
Parties
Complainant: Kiddicare.Com Limited; Respondent: Mrs. Carol Allsopp
Jurisdiction
United Kingdom
Judgment Date
20 December 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer of domain name to Complainant
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

Kiddicare.Com Limited

Complainant

Mrs. Carol Allsopp

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 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 is identical or similar to the Complainant's mark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Therefore, the domain name should be transferred to the Complainant.

Court Disposition

Transfer of domain name to Complainant

Orders

  • The domain name is to be transferred to Kiddicare.Com Limited