QSoft Consulting Limited v Realphangan (Full Decision _Transfer) [2011] DRS 9326 (31 January 2011)

QSoft Consulting Limited v Realphangan (Full Decision _Transfer) [2011] DRS 9326 (31 January 2011)

The panel found that the complainant had rights in the name or mark and that the domain name was identical or similar. The respondent's registration was found to be abusive due to lack of response and evidence of bad faith.

Citation
[2011] DRS 9326
Parties
Complainant: QSoft Consulting Limited; Respondent: Realphangan
Jurisdiction
United Kingdom
Judgment Date
31 January 2011
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld; domain name ordered to be transferred to complainant.
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

QSoft Consulting Limited

Complainant

Realphangan

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's registration or use of the domain name is abusive

Ratio Decidendi

The panel found that the complainant had rights in the name or mark and that the domain name was identical or similar. The respondent's registration was found to be abusive due to lack of response and evidence of bad faith.

Court Disposition

Complaint upheld; domain name ordered to be transferred to complainant.

Orders

  • Transfer of the disputed domain name to the complainant