Wintercomfort For The Homeless v SmithMartin Partnership LLP (Full Decision _Transfer) [2014] DRS 13768 (25 June 2014)

Wintercomfort For The Homeless v SmithMartin Partnership LLP (Full Decision _Transfer) [2014] DRS 13768 (25 June 2014)

The Panel found that the respondent's registration was abusive and ordered the transfer of the domain name to the complainant.

Citation
[2014] DRS 13768
Parties
Complainant: Wintercomfort For The Homeless; Respondent: SmithMartin Partnership LLP
Jurisdiction
United Kingdom
Judgment Date
25 June 2014
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name ordered to be transferred to the complainant
Legal Topics
Domain Name Transfer, Passing Off
Intellectual Property Domain Name Transfer Passing Off

Case Brief

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Parties

Wintercomfort For The Homeless

Complainant

SmithMartin Partnership LLP

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name should be transferred to the complainant
  2. 2 Whether the respondent's registration constitutes abusive registration

Ratio Decidendi

The Panel found that the respondent's registration was abusive and ordered the transfer of the domain name to the complainant.

Court Disposition

Domain name ordered to be transferred to the complainant

Orders

  • Transfer of the domain name to Wintercomfort For The Homeless