Tyco Fire & Security GmbH v Shali (Summary Decision _Transfer) [2015] DRS 15925 (18 June 2015)

Tyco Fire & Security GmbH v Shali (Summary Decision _Transfer) [2015] DRS 15925 (18 June 2015)

The Panel found that the Complainant had rights in the name, the domain name was identical or similar, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2015] DRS 15925
Parties
Complainant: Tyco Fire & Security GmbH; Respondent: Shali
Jurisdiction
United Kingdom
Judgment Date
18 June 2015
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name ordered
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

Tyco Fire & Security GmbH

Complainant

Shali

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 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 Complainant had rights in the name, the domain name was identical or similar, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Transfer of domain name ordered

Orders

  • The domain name is to be transferred to the Complainant