Sleepeezee Limited v Sleepeazy (Summary Decision _Transfer) [2015] DRS 16428 (25 September 2015)

Sleepeezee Limited v Sleepeazy (Summary Decision _Transfer) [2015] DRS 16428 (25 September 2015)

The Panel found that the domain name sleepeazy.co.uk is confusingly similar to the Complainant's trademark and business name, and that the registration was made to take unfair advantage of the Complainant's rights. The lack of response from the Respondent supported the Complainant's case.

Citation
[2015] DRS 16428
Parties
Complainant: Sleepeezee Limited; Respondent: Sleepeazy
Jurisdiction
United Kingdom
Judgment Date
25 September 2015
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Passing Off, Trademark Infringement, Domain Name Transfer
Intellectual Property Domain Name Law Passing Off Trademark Infringement Domain Name Transfer

Case Brief

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Parties

Sleepeezee Limited

Complainant

Sleepeazy

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name sleepeazy.co.uk is an Abusive Registration under the DRS Policy
  2. 2 Whether the domain name should be transferred to the Complainant

Ratio Decidendi

The Panel found that the domain name sleepeazy.co.uk is confusingly similar to the Complainant's trademark and business name, and that the registration was made to take unfair advantage of the Complainant's rights. The lack of response from the Respondent supported the Complainant's case.

Court Disposition

Transfer ordered

Orders

  • The domain name sleepeazy.co.uk is to be transferred to the Complainant