B&Q PLC v Square Systems (Full Decision _Transfer) [2014] DRS 14483 (26 August 2014)

B&Q PLC v Square Systems (Full Decision _Transfer) [2014] DRS 14483 (26 August 2014)

The panel found that the domain name was identical or similar to the complainant's trademark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Citation
[2014] DRS 14483
Parties
Complainant: B&Q PLC; Respondent: Square Systems
Jurisdiction
United Kingdom
Judgment Date
26 August 2014
Procedural Posture
Domain Name Dispute / Decision
Outcome
complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

B&Q PLC

Complainant

Square Systems

Respondent

Procedural Posture

Domain Name Dispute / Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is identical or similar to a trademark in which the complainant has rights
  2. 2 Whether the respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The panel found that the domain name was identical or similar to the complainant's trademark, that the respondent had no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Court Disposition

complaint upheld

Orders

  • The domain name is to be transferred to the complainant