Virgin Enterprises Limited v PRIVACY SERVICES INC. (Full Decision _Transfer) [2017] DRS 19110 (11 September 2017)

Virgin Enterprises Limited v PRIVACY SERVICES INC. (Full Decision _Transfer) [2017] DRS 19110 (11 September 2017)

The panel found that the complainant had established rights in the mark, the domain name was identical or similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Citation
[2017] DRS 19110
Parties
Complainant: Virgin Enterprises Limited; Respondent: PRIVACY SERVICES INC.
Jurisdiction
United Kingdom
Judgment Date
11 September 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Virgin Enterprises Limited

Complainant

PRIVACY SERVICES INC.

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 established rights in the mark, the domain name was identical or similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant