Charles & Colvard, Ltd. v Stephen Harris (Full Decision _Transfer) [2018] DRS 19682 (05 July 2018)

Charles & Colvard, Ltd. v Stephen Harris (Full Decision _Transfer) [2018] DRS 19682 (05 July 2018)

The panel found that the complainant satisfied all three elements required under the Policy: the domain name is identical or confusingly similar to the complainant's trademark, the respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith.

Citation
[2018] DRS 19682
Parties
Complainant: Charles & Colvard, Ltd.; Respondent: Stephen Harris
Jurisdiction
United Kingdom
Judgment Date
05 July 2018
Procedural Posture
Domain Name Dispute / Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Charles & Colvard, Ltd.

Complainant

Stephen Harris

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 complainant satisfied all three elements required under the Policy: the domain name is identical or confusingly similar to the complainant's trademark, the respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the complainant