Newcote International Limited Victor Chandler International Limited v Sally Hill (Full Decision _Transfer) [2013] DRS 12650 (08 July 2013)

Newcote International Limited Victor Chandler International Limited v Sally Hill (Full Decision _Transfer) [2013] DRS 12650 (08 July 2013)

The Panel found that the domain name is similar to the Complainants' marks, the Respondent had no legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2013] DRS 12650
Parties
Complainant: Newcote International Limited; Complainant: Victor Chandler International Limited; Respondent: Sally Hill
Jurisdiction
United Kingdom
Judgment Date
08 July 2013
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Newcote International Limited

Complainant

Victor Chandler International Limited

Complainant

Sally Hill

Respondent

Procedural Posture

Domain Name Dispute / Full 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 domain name is similar to the Complainants' marks, 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 Complainants