Tim Hortons International S.A. v Shieldphase Ltd (Summary Decision _Transfer) [2016] DRS 17962 (24 October 2016)

Tim Hortons International S.A. v Shieldphase Ltd (Summary Decision _Transfer) [2016] DRS 17962 (24 October 2016)

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's trademark rights and ordered the transfer of the domain name to the complainant.

Citation
[2016] DRS 17962
Parties
Complainant: Tim Hortons International S. A.; Respondent: Shieldphase Ltd
Jurisdiction
United Kingdom
Judgment Date
24 October 2016
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
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

Tim Hortons International S. A.

Complainant

Shieldphase Ltd

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The panel found that the respondent's registration of the domain name was abusive as it took unfair advantage of the complainant's trademark rights and ordered the transfer of the domain name to the complainant.

Court Disposition

Transfer ordered

Orders

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