HPI Limited v Paul Elliott And Chris Bailey (Full Decision _Transfer) [2013] DRS 11300 (03 January 2013)

HPI Limited v Paul Elliott And Chris Bailey (Full Decision _Transfer) [2013] DRS 11300 (03 January 2013)

The panel found that the complainant had rights in the name or mark, the domain name was identical or similar, and the respondents registered and used the domain name in bad faith, warranting transfer.

Citation
[2013] DRS 11300
Parties
Complainant: HPI Limited; Respondent: Paul Elliott; Respondent: Chris Bailey
Jurisdiction
United Kingdom
Judgment Date
03 January 2013
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

HPI Limited

Complainant

Paul Elliott

Respondent

Chris Bailey

Respondent

Procedural Posture

Domain Name Dispute / Full 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 domain name was registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the name or mark, the domain name was identical or similar, and the respondents registered and used the domain name in bad faith, warranting transfer.

Court Disposition

Transfer ordered

Orders

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