Swarovski Aktiengesellschaft v Phily Helen (Summary Decision _Transfer) [2013] DRS 12507 (18 March 2013)

Swarovski Aktiengesellschaft v Phily Helen (Summary Decision _Transfer) [2013] DRS 12507 (18 March 2013)

The Panel found that the domain name was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Citation
[2013] DRS 12507
Parties
Complainant: Swarovski Aktiengesellschaft; Respondent: Phily Helen
Jurisdiction
United Kingdom
Judgment Date
18 March 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Trademark Infringement, Domain Name Transfer
Intellectual Property Domain Name Law Trademark Infringement Domain Name Transfer

Case Brief

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Parties

Swarovski Aktiengesellschaft

Complainant

Phily Helen

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark 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 domain name was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Court Disposition

Domain name transferred to Complainant

Orders

  • Transfer of the disputed domain name to the Complainant