Select Drinks Limited v Paul Smith t/a Espresso Select (Summary Decision _Transfer) [2013] DRS 12278 (28 January 2013)

The complainant established rights in the name and mark, and the respondent's registration of the domain name was found to be in bad faith. The domain name should be transferred to the complainant.

Citation: [2013] DRS 12278
Parties: Complainant: Select Drinks Limited; Respondent: Paul Smith t/a Espresso Select
Jurisdiction: United Kingdom
Judgment Date: 28 January 2013
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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Select Drinks Limited

Complainant

Paul Smith t/a Espresso Select

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
2 Whether the domain name was registered in bad faith

Ratio Decidendi

The complainant established rights in the name and mark, and the respondent's registration of the domain name was found to be in bad faith. The domain name should be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

The domain name is to be transferred to Select Drinks Limited.