Plusnet Plc v Sapphire Brands (Full Decision _Transfer) [2015] DRS 16471 (20 October 2015)

Plusnet Plc v Sapphire Brands (Full Decision _Transfer) [2015] DRS 16471 (20 October 2015)

The Panel found that the Complainant had rights in the name 'Plusnet' and that the Respondent's registration of the domain name was abusive, warranting a transfer of the domain name to the Complainant.

Citation
[2015] DRS 16471
Parties
Complainant: Plusnet Plc; Respondent: Sapphire Brands
Jurisdiction
United Kingdom
Judgment Date
20 October 2015
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name to be transferred to Complainant
Legal Topics
Domain Name Disputes, Trademark Infringement
Intellectual Property Law Domain Name Disputes Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Plusnet Plc

Complainant

Sapphire Brands

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registration by the Respondent is abusive under the Nominet DRS Policy
  2. 2 Whether the Complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The Panel found that the Complainant had rights in the name 'Plusnet' and that the Respondent's registration of the domain name was abusive, warranting a transfer of the domain name to the Complainant.

Court Disposition

Domain name to be transferred to Complainant

Orders

  • Transfer of the disputed domain name to Plusnet Plc