Swatch Ltd The Swatch Group Ltd v Silvan Dayan (Full Decision _Transfer) [2014] DRS 14071 (23 July 2014)

Swatch Ltd The Swatch Group Ltd v Silvan Dayan (Full Decision _Transfer) [2014] DRS 14071 (23 July 2014)

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, the Respondent has no rights or legitimate interests in the domain name, and the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Source-derived case information.

Citation
[2014] DRS 14071
Parties
Complainant: Swatch Ltd The Swatch Group Ltd; Respondent: Silvan Dayan
Jurisdiction
United Kingdom
Judgment Date
23 July 2014
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Trademark Infringement, Domain Name Transfer
Intellectual Property Domain Name Law Trademark Infringement Domain Name Transfer

Source-derived case record

Summary, issues, holding and outcome

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Parties

Swatch Ltd The Swatch Group Ltd

Complainant

Silvan Dayan

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark 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 domain name is identical or confusingly similar to the Complainant's trademark, the Respondent has no rights or legitimate interests in the domain name, and the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Court Disposition

Domain name transferred to Complainant

Orders

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