Multiprint Driveways Ltd v Multiprint Driveways Yorkshire Ltd Mr Simon Flint (Full Decision _Transfer) [2019] DRS 20976 (04 April 2019)

Multiprint Driveways Ltd v Multiprint Driveways Yorkshire Ltd Mr Simon Flint (Full Decision _Transfer) [2019] DRS 20976 (04 April 2019)

The panel found that the complainant had rights in the name and that the domain name was identical or similar. The respondent's use was found to be abusive as it took unfair advantage of the complainant's rights.

Citation
[2019] DRS 20976
Parties
Complainant: Multiprint Driveways Ltd; Respondent: Multiprint Driveways Yorkshire Ltd; Respondent: Mr Simon Flint
Jurisdiction
United Kingdom
Judgment Date
04 April 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

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Parties

Multiprint Driveways Ltd

Complainant

Multiprint Driveways Yorkshire Ltd

Respondent

Mr Simon Flint

Respondent

Procedural Posture

Domain Name Dispute / Full 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 domain name has been registered or is being used in a manner that takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the name and that the domain name was identical or similar. The respondent's use was found to be abusive as it took unfair advantage of the complainant's rights.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant