EMI Records Limited v Gahan (Full Decision _Transfer) [2011] DRS 9931 (04 July 2011)

EMI Records Limited v Gahan (Full Decision _Transfer) [2011] DRS 9931 (04 July 2011)

The panel found that the complainant had rights in the name or mark, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith, warranting transfer of the domain name to the complainant.

Citation
[2011] DRS 9931
Parties
Complainant: EMI Records Limited; Respondent: Philip Gahan
Jurisdiction
United Kingdom
Judgment Date
04 July 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

EMI Records Limited

Complainant

Philip Gahan

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 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 panel found that the complainant had rights in the name or mark, the respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith, warranting transfer of the domain name to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • The domain name is to be transferred to EMI Records Limited.