J Sainsbury PLC Argos Limited v SAIDA KHAFIF (Full Decision _Transfer) [2017] DRS 18607 (18 May 2017)

J Sainsbury PLC Argos Limited v SAIDA KHAFIF (Full Decision _Transfer) [2017] DRS 18607 (18 May 2017)

The Panel found that the domain name is identical or similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Citation
[2017] DRS 18607
Parties
Complainant: J Sainsbury PLC Argos Limited; Respondent: Saida Khafif
Jurisdiction
United Kingdom
Judgment Date
18 May 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement

Case Brief

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Parties

J Sainsbury PLC Argos Limited

Complainant

Saida Khafif

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

  1. 1 Whether the domain name registered by the Respondent 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 domain name is identical or similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant