Flixster Inc v Ronny Schmidt (Full Decision _Transfer) [2013] DRS 13038 (15 August 2013)

Flixster Inc v Ronny Schmidt (Full Decision _Transfer) [2013] DRS 13038 (15 August 2013)

The Panel found that the domain name was identical or similar to the Complainant's trade mark, that the Respondent had no rights or legitimate interests in the domain name, and that the registration took unfair advantage of the Complainant's rights. The domain name was ordered to be transferred to the Complainant.

Citation
[2013] DRS 13038
Parties
Complainant: Flixster Inc; Respondent: Ronny Schmidt
Jurisdiction
United Kingdom
Judgment Date
15 August 2013
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

Summary, issues, holding and outcome

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Parties

Flixster Inc

Complainant

Ronny Schmidt

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name was registered in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights
  2. 2 Whether the Respondent has rights or legitimate interests in respect of the domain name

Ratio Decidendi

The Panel found that the domain name was identical or similar to the Complainant's trade mark, that the Respondent had no rights or legitimate interests in the domain name, and that the registration took unfair advantage of the Complainant's rights. The domain name was ordered to be transferred to the Complainant.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant