Carlton Thermal Systems Ltd v TIMOTHY TOMPSON (Summary Decision _Transfer) [2018] DRS 20851 (19 December 2018)

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

Citation: [2018] DRS 20851
Parties: Complainant: Carlton Thermal Systems Ltd; Respondent: Timothy Tompson
Jurisdiction: United Kingdom
Judgment Date: 19 December 2018
Procedural Posture: Domain Name Dispute / Summary Decision
Outcome: Domain name transferred to complainant
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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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Carlton Thermal Systems Ltd

Complainant

Timothy Tompson

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

1 Whether the domain name registration is abusive
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 and the respondent's registration was found to be abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

Transfer of domain name to Carlton Thermal Systems Ltd