Which? Limited v PRIVACY SERVICES INC. (Summary Decision _Transfer) [2019] DRS 22055 (30 December 2019)

Which? Limited v PRIVACY SERVICES INC. (Summary Decision _Transfer) [2019] DRS 22055 (30 December 2019)

The complainant established rights in the mark, the respondent failed to demonstrate any legitimate interest, and the circumstances indicated bad faith registration and use. Transfer of the domain name was ordered.

Citation
[2019] DRS 22055
Parties
Complainant: Which? Limited; Respondent: PRIVACY SERVICES INC.
Jurisdiction
United Kingdom
Judgment Date
30 December 2019
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Which? Limited

Complainant

PRIVACY SERVICES INC.

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 complainant established rights in the mark, the respondent failed to demonstrate any legitimate interest, and the circumstances indicated bad faith registration and use. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to Which? Limited