Shenzhen Foscam Intelligent Technology Co.,Ltd v Ravattradingllc@gmail.com (Full Decision _Transfer) [2017] DRS 19217 (13 September 2017)

Shenzhen Foscam Intelligent Technology Co.,Ltd v Ravattradingllc@gmail.com (Full Decision _Transfer) [2017] DRS 19217 (13 September 2017)

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

Citation
[2017] DRS 19217
Parties
Complainant: Shenzhen Foscam Intelligent Technology Co.,Ltd; Respondent: Ravattradingllc@gmail.com
Jurisdiction
United Kingdom
Judgment Date
13 September 2017
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Shenzhen Foscam Intelligent Technology Co.,Ltd

Complainant

Ravattradingllc@gmail.com

Respondent

Procedural Posture

Domain Name Dispute / Final 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 confusingly similar, the respondent had no legitimate interests, 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