BR Pharmaceuticals Ltd v Paint Solutions (Summary Decision _Transfer) [2011] DRS 10104 (05 September 2011)

BR Pharmaceuticals Ltd v Paint Solutions (Summary Decision _Transfer) [2011] DRS 10104 (05 September 2011)

The complainant established rights in the name or mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2011] DRS 10104
Parties
Complainant: BR Pharmaceuticals Ltd; Respondent: Paint Solutions
Jurisdiction
United Kingdom
Judgment Date
05 September 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
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

BR Pharmaceuticals Ltd

Complainant

Paint Solutions

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 has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The complainant established rights in the name or mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to BR Pharmaceuticals Ltd