Certification Trendz Ltd v Testking (Summary Decision _Transfer) [2011] DRS 10365 (22 November 2011)

Certification Trendz Ltd v Testking (Summary Decision _Transfer) [2011] DRS 10365 (22 November 2011)

The complainant established rights in the name or mark and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Citation
[2011] DRS 10365
Parties
Complainant: Certification Trendz Ltd; Respondent: Testking
Jurisdiction
United Kingdom
Judgment Date
22 November 2011
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Certification Trendz Ltd

Complainant

Testking

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The complainant established rights in the name or mark and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Transfer ordered

Orders

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