Aldi Stores Limited & Aldi GmbH & Co. KG v Scope Enterprises Inc (Summary Decision _Transfer) [2016] DRS 17072 (18 March 2016)

Aldi Stores Limited & Aldi GmbH & Co. KG v Scope Enterprises Inc (Summary Decision _Transfer) [2016] DRS 17072 (18 March 2016)

The Panel found that the complainants had rights in the name or mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered or is being used in bad faith. Accordingly, the complaint succeeded.

Citation
[2016] DRS 17072
Parties
Complainant: Aldi Stores Limited; Complainant: Aldi GmbH & Co. KG; Respondent: Scope Enterprises Inc
Jurisdiction
United Kingdom
Judgment Date
18 March 2016
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Aldi Stores Limited

Complainant

Aldi GmbH & Co. KG

Complainant

Scope Enterprises Inc

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 complainants had rights in the name or mark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered or is being used in bad faith. Accordingly, the complaint succeeded.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainants