Elite Design Studio v Simon Evans (Full Decision _Transfer) [2017] DRS 18640 (12 May 2017)

Elite Design Studio v Simon Evans (Full Decision _Transfer) [2017] DRS 18640 (12 May 2017)

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

Citation
[2017] DRS 18640
Parties
Complainant: Elite Design Studio; Respondent: Simon Evans
Jurisdiction
United Kingdom
Judgment Date
12 May 2017
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Elite Design Studio

Complainant

Simon Evans

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the respondent's registration or use of the domain name is abusive

Ratio Decidendi

The panel found that the complainant had rights in the name and 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