Winmau Dartboard Company Limited v SEO Dundee (Full Decision _Transfer) [2019] DRS 21078 (18 March 2019)

The panel found that the complainant had rights in the name and mark, the domain name was similar, and the respondent's registration and use was unfairly detrimental to the complainant's rights.

Citation: [2019] DRS 21078
Parties: Complainant: Winmau Dartboard Company Limited; Respondent: SEO Dundee
Jurisdiction: United Kingdom
Judgment Date: 18 March 2019
Procedural Posture: Domain Name Dispute / Full Decision
Outcome: Complaint upheld
Legal Topics: Domain Name Dispute, Passing Off, Trademark Infringement

Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Winmau Dartboard Company Limited

Complainant

SEO Dundee

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
2 Whether the domain name has been registered or is being used in a manner which takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the name and mark, the domain name was similar, and the respondent's registration and use was unfairly detrimental to the complainant's rights.

Court Disposition

Complaint upheld

Orders

The domain name is to be transferred to the complainant