British Telecommunications Plc v Sapphire Brands (Full Decision _Other) [2015] DRS 15947 (28 July 2015)

British Telecommunications Plc v Sapphire Brands (Full Decision _Other) [2015] DRS 15947 (28 July 2015)

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's trademark rights.

Citation
[2015] DRS 15947
Parties
Complainant: British Telecommunications Plc; Respondent: Sapphire Brands
Jurisdiction
United Kingdom
Judgment Date
28 July 2015
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

British Telecommunications Plc

Complainant

Sapphire Brands

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the respondent's registration of the disputed domain name constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's trademark rights.

Court Disposition

complaint upheld

Orders

  • the disputed domain name to be transferred to the complainant