Xerox Corporation v Simon Day (Full Decision _Transfer) [2012] DRS 10458 (10 May 2012)

Xerox Corporation v Simon Day (Full Decision _Transfer) [2012] DRS 10458 (10 May 2012)

The panel found that the complainant had rights in the name 'Xerox', that the domain name was identical or similar, and that the respondent's registration was abusive under the DRS Policy.

Citation
[2012] DRS 10458
Parties
Complainant: Xerox Corporation; Respondent: Simon Day
Jurisdiction
United Kingdom
Judgment Date
10 May 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Law Domain Name Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Xerox Corporation

Complainant

Simon Day

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name 'Xerox', that the domain name was identical or similar, and that the respondent's registration was abusive under the DRS Policy.

Court Disposition

Transfer ordered

Orders

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