The Travelers Indemnity Company v Primero Tech (Full Decision _Transfer) [2017] DRS 18413 (22 March 2017)

The Travelers Indemnity Company v Primero Tech (Full Decision _Transfer) [2017] DRS 18413 (22 March 2017)

The panel found that the domain name was 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 complaint succeeded.

Citation
[2017] DRS 18413
Parties
Complainant: The Travelers Indemnity Company; Respondent: Primero Tech
Jurisdiction
United Kingdom
Judgment Date
22 March 2017
Procedural Posture
Domain Name Dispute / Decision
Outcome
complaint upheld
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

The Travelers Indemnity Company

Complainant

Primero Tech

Respondent

Procedural Posture

Domain Name Dispute / 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 and is being used in bad faith

Ratio Decidendi

The panel found that the domain name was 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 complaint succeeded.

Court Disposition

complaint upheld

Orders

  • the domain name is to be transferred to the complainant