Swarovski AG v Myway (Summary Decision _Transfer) [2012] DRS 11717 (18 September 2012)

Swarovski AG v Myway (Summary Decision _Transfer) [2012] DRS 11717 (18 September 2012)

The Panel found that the Complainant had rights in the name and that the Respondent's registration was abusive, warranting transfer of the domain name.

Citation
[2012] DRS 11717
Parties
Complainant: Swarovski AG; Respondent: Myway
Jurisdiction
United Kingdom
Judgment Date
18 September 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Trade Mark Infringement, Domain Name Transfer
Intellectual Property Domain Name Law Trade Mark Infringement Domain Name Transfer

Case Brief

Summary, issues, holding and outcome

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Parties

Swarovski AG

Complainant

Myway

Respondent

Procedural Posture

Domain Name Dispute / Summary 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's registration is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name and that the Respondent's registration was abusive, warranting transfer of the domain name.

Court Disposition

Domain name transferred to Complainant

Orders

  • Transfer of the disputed domain name to Swarovski AG