Revolution Inc. Ltd Breathe Pilates Ltd v Ms Robyn Brockie (Summary Decision _Transfer) [2016] DRS 17546 (07 July 2016)

Revolution Inc. Ltd Breathe Pilates Ltd v Ms Robyn Brockie (Summary Decision _Transfer) [2016] DRS 17546 (07 July 2016)

The Panel found that the Complainants had rights in the name, the Respondent had no legitimate interest, and the domain was registered and used in bad faith, warranting transfer.

Citation
[2016] DRS 17546
Parties
Complainant: Revolution Inc. Ltd; Complainant: Breathe Pilates Ltd; Respondent: Ms Robyn Brockie
Jurisdiction
United Kingdom
Judgment Date
07 July 2016
Procedural Posture
Domain Name Dispute / Summary 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

Revolution Inc. Ltd

Complainant

Breathe Pilates Ltd

Complainant

Ms Robyn Brockie

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 Complainants had rights in the name, the Respondent had no legitimate interest, and the domain was registered and used in bad faith, warranting transfer.

Court Disposition

Transfer ordered

Orders

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