Thumper Massager Inc. v Omnicare Systems Limited (Full Decision _Transfer) [2013] DRS 12162 (11 March 2013)

The Panel found that the complainant had established rights in the 'Thumper' mark and that the respondent's registration of the domain name was abusive, warranting transfer.

Source-derived case information.

Citation: [2013] DRS 12162
Parties: Complainant: Thumper Massager Inc.; Respondent: Omnicare Systems Limited
Jurisdiction: United Kingdom
Judgment Date: 11 March 2013
Procedural Posture: Domain Name Dispute / Full Decision
Outcome: Domain name transferred to complainant
Legal Topics: Domain Name Transfer, Trademark Infringement

Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Thumper Massager Inc.

Complainant

Omnicare Systems Limited

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

1 Whether the domain name registration was abusive
2 Whether the complainant has rights in the name

Ratio Decidendi

The Panel found that the complainant had established rights in the 'Thumper' mark and that the respondent's registration of the domain name was abusive, warranting transfer.

Court Disposition

Domain name transferred to complainant

Orders

Transfer of domain name to Thumper Massager Inc.

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