Overseas Keys SL v Stephen Henley (Full Decision _Transfer) [2011] DRS 9355 (03 March 2011)

Overseas Keys SL v Stephen Henley (Full Decision _Transfer) [2011] DRS 9355 (03 March 2011)

The panel found that the complainant had rights in the name, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2011] DRS 9355
Parties
Complainant: Overseas Keys SL; Respondent: Stephen Henley
Jurisdiction
United Kingdom
Judgment Date
03 March 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Overseas Keys SL

Complainant

Stephen Henley

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark 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 had rights in the name, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to Overseas Keys SL