Uhrenfabrik Junghans GmbH & Co. KG v Soul Distribution Ltd (Full Decision _Transfer) [2012] DRS 10445 (19 April 2012)

Uhrenfabrik Junghans GmbH & Co. KG v Soul Distribution Ltd (Full Decision _Transfer) [2012] DRS 10445 (19 April 2012)

The Panel found that the Complainant had rights in the name or mark, that the domain name was identical or similar, and that the Respondent's registration was abusive, warranting a transfer of the domain name.

Citation
[2012] DRS 10445
Parties
Complainant: Uhrenfabrik Junghans GmbH & Co. KG; Respondent: Soul Distribution Ltd
Jurisdiction
United Kingdom
Judgment Date
19 April 2012
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transferred to Complainant
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Law Domain Name Law Domain Name Transfer Trademark Infringement

Case Brief

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Parties

Uhrenfabrik Junghans GmbH & Co. KG

Complainant

Soul Distribution Ltd

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a name or mark in which the Complainant has rights
  2. 2 Whether the Respondent's registration of the domain name is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name or mark, that the domain name was identical or similar, and that the Respondent's registration was abusive, warranting a transfer of the domain name.

Court Disposition

Domain name transferred to Complainant

Orders

  • Transfer of the disputed domain name to the Complainant