Henny Penny Corporation v Seaforth Refrigeration (Summary Decision _Transfer) [2015] DRS 15802 (13 May 2015)

Henny Penny Corporation v Seaforth Refrigeration (Summary Decision _Transfer) [2015] DRS 15802 (13 May 2015)

The complainant established rights in the name, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2015] DRS 15802
Parties
Complainant: Henny Penny Corporation; Respondent: Seaforth Refrigeration
Jurisdiction
United Kingdom
Judgment Date
13 May 2015
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Henny Penny Corporation

Complainant

Seaforth Refrigeration

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

  1. 1 Whether the domain name registered by the respondent 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 complainant established rights in the name, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Transfer ordered

Orders

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