Nigel Walley v Nick Turner (Summary Decision _Transfer) [2011] DRS 9382 (16 February 2011)

Nigel Walley v Nick Turner (Summary Decision _Transfer) [2011] DRS 9382 (16 February 2011)

The complainant established rights in the name or mark and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Citation
[2011] DRS 9382
Parties
Complainant: Nigel Walley; Respondent: Nick Turner
Jurisdiction
United Kingdom
Judgment Date
16 February 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Nigel Walley

Complainant

Nick Turner

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The complainant established rights in the name or mark and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

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