Karen Millen Fashions Limited v Qin Baoying (Summary Decision _Transfer) [2012] DRS 11755 (09 October 2012)

Karen Millen Fashions Limited v Qin Baoying (Summary Decision _Transfer) [2012] DRS 11755 (09 October 2012)

The Panel found that the domain name is identical or similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Citation
[2012] DRS 11755
Parties
Complainant: Karen Millen Fashions Limited; Respondent: Qin Baoying
Jurisdiction
United Kingdom
Judgment Date
09 October 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name to Complainant
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Karen Millen Fashions Limited

Complainant

Qin Baoying

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 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 domain name is identical or similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Court Disposition

Transfer of domain name to Complainant

Orders

  • The domain name is to be transferred to the Complainant.