FANUC Corporation FANUC UK Limited v Steve Johnson (Full Decision _Transfer) [2015] DRS 15299 (30 March 2015)

FANUC Corporation FANUC UK Limited v Steve Johnson (Full Decision _Transfer) [2015] DRS 15299 (30 March 2015)

The panel found that the complainants had established rights in the FANUC mark, 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. Therefore, the domain name should be transferred to the complainants.

Citation
[2015] DRS 15299
Parties
Complainant: FANUC Corporation; Complainant: FANUC UK Limited; Respondent: Steve Johnson
Jurisdiction
United Kingdom
Judgment Date
30 March 2015
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off
Intellectual Property Information Technology Law Domain Name Dispute Trade Mark Infringement Passing Off

Case Brief

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Parties

FANUC Corporation

Complainant

FANUC UK Limited

Complainant

Steve Johnson

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 complainants had established rights in the FANUC mark, 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. Therefore, the domain name should be transferred to the complainants.

Court Disposition

Domain name transferred

Orders

  • The domain name is to be transferred to the complainants.