The Accessible Property Register v THS Group Limited THS GROUP LTD (Full Decision _Transfer) [2019] DRS 21761 (16 December 2019)

The Accessible Property Register v THS Group Limited THS GROUP LTD (Full Decision _Transfer) [2019] DRS 21761 (16 December 2019)

The panel found that the complainant had established rights in the name and that the respondent's registration of the domain name was abusive, warranting a transfer.

Citation
[2019] DRS 21761
Parties
Complainant: The Accessible Property Register; Respondent: THS Group Limited
Jurisdiction
United Kingdom
Judgment Date
16 December 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

The Accessible Property Register

Complainant

THS Group Limited

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name was registered in a manner which took unfair advantage of or was unfairly detrimental to the complainant's rights
  2. 2 Whether the respondent has rights or legitimate interests in respect of the domain name

Ratio Decidendi

The panel found that the complainant had established rights in the name and that the respondent's registration of the domain name was abusive, warranting a transfer.

Court Disposition

Transfer ordered

Orders

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