IBM UNITED KINGDOM LIMITED v Qual Ltd (Full Decision _Transfer) [2018] DRS 19755 (02 May 2018)

IBM UNITED KINGDOM LIMITED v Qual Ltd (Full Decision _Transfer) [2018] DRS 19755 (02 May 2018)

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

Citation
[2018] DRS 19755
Parties
Complainant: IBM United Kingdom Limited; Respondent: Qual Ltd
Jurisdiction
United Kingdom
Judgment Date
02 May 2018
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

IBM United Kingdom Limited

Complainant

Qual Ltd

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 or is being used in bad faith

Ratio Decidendi

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

Court Disposition

complaint upheld

Orders

  • the domain name is to be transferred to the complainant