Avaya Inc. v Office Comms Ltd (Full Decision _Transfer) [2012] DRS 9968 (04 January 2012)

Avaya Inc. v Office Comms Ltd (Full Decision _Transfer) [2012] DRS 9968 (04 January 2012)

The Panel found that the Complainant had rights in the name and mark, that the domain name was identical or similar, and that the registration by the Respondent was abusive, warranting a transfer of the domain name.

Citation
[2012] DRS 9968
Parties
Complainant: Avaya Inc.; Respondent: Office Comms Ltd
Jurisdiction
United Kingdom
Judgment Date
04 January 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Avaya Inc.

Complainant

Office Comms Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full 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 mark, that the domain name was identical or similar, and that the registration by the Respondent was abusive, warranting a transfer of the domain name.

Court Disposition

Transfer ordered

Orders

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