The Church Of Jesus Christ Of Latter-day Saints Intellectual Reserve, Inc. Corporation Of The President Of The Church Of Jesus Christ Of Latter-day Saints v R Sebald (Full Decision _Transfer) [2020] DRS 22578 (28 July 2020)

The Church Of Jesus Christ Of Latter-day Saints Intellectual Reserve, Inc. Corporation Of The President Of The Church Of Jesus Christ Of Latter-day Saints v R Sebald (Full Decision _Transfer) [2020] DRS 22578 (28 July 2020)

The Panel found that the domain name is confusingly similar to the complainant's trademarks, the respondent has no rights or legitimate interests in the domain name, and the domain name was registered and used in bad faith.

Citation
[2020] DRS 22578
Parties
Complainant: The Church Of Jesus Christ Of Latter-day Saints Intellectual Reserve, Inc. Corporation Of The President Of The Church Of Jesus Christ Of Latter-day Saints; Respondent: R Sebald
Jurisdiction
United Kingdom
Judgment Date
28 July 2020
Procedural Posture
Domain Name Dispute / Final 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

The Church Of Jesus Christ Of Latter-day Saints Intellectual Reserve, Inc. Corporation Of The President Of The Church Of Jesus Christ Of Latter-day Saints

Complainant

R Sebald

Respondent

Procedural Posture

Domain Name Dispute / Final 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 domain name is confusingly similar to the complainant's trademarks, the respondent has no rights or legitimate interests in the domain name, 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