Fenix Hospitality Ltd. v NETCHECK WEB DEVELOPMENT LTD (Summary Decision _Transfer) [2017] DRS 19247 (21 October 2017)

Fenix Hospitality Ltd. v NETCHECK WEB DEVELOPMENT LTD (Summary Decision _Transfer) [2017] DRS 19247 (21 October 2017)

The complainant established rights in the name and demonstrated that the respondent's registration was abusive; therefore, the domain name should be transferred.

Citation
[2017] DRS 19247
Parties
Complainant: Fenix Hospitality Ltd.; Respondent: NETCHECK WEB DEVELOPMENT LTD
Jurisdiction
United Kingdom
Judgment Date
21 October 2017
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

Fenix Hospitality Ltd.

Complainant

NETCHECK WEB DEVELOPMENT LTD

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's registration is abusive

Ratio Decidendi

The complainant established rights in the name and demonstrated that the respondent's registration was abusive; therefore, the domain name should be transferred.

Court Disposition

Transfer ordered

Orders

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