SWAROVSKI AKTIENGESELLSCHAFT v Schramek (Summary Decision _Transfer) [2013] DRS 12691 (21 May 2013)

SWAROVSKI AKTIENGESELLSCHAFT v Schramek (Summary Decision _Transfer) [2013] DRS 12691 (21 May 2013)

The Panel found that the domain name was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Citation
[2013] DRS 12691
Parties
Complainant: SWAROVSKI AKTIENGESELLSCHAFT; Respondent: Schramek
Jurisdiction
United Kingdom
Judgment Date
21 May 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name to Complainant
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

SWAROVSKI AKTIENGESELLSCHAFT

Complainant

Schramek

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark 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 was identical or confusingly similar to the Complainant's trademark, that the Respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Court Disposition

Transfer of domain name to Complainant

Orders

  • The domain name is to be transferred to the Complainant.