Superdry Plc v Tom Evans (Summary Decision _Transfer) [2018] DRS 20448 (28 August 2018)

Superdry Plc v Tom Evans (Summary Decision _Transfer) [2018] DRS 20448 (28 August 2018)

The Panel found that the domain name was identical or similar to the Complainant's mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. The Complainant succeeded on all elements required by the Policy.

Citation
[2018] DRS 20448
Parties
Complainant: Superdry Plc; Respondent: Tom Evans
Jurisdiction
United Kingdom
Judgment Date
28 August 2018
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trade Marks
Intellectual Property Law Domain Name Disputes Trade Marks

Case Brief

Summary, issues, holding and outcome

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Parties

Superdry Plc

Complainant

Tom Evans

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent 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 domain name was identical or similar to the Complainant's mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith. The Complainant succeeded on all elements required by the Policy.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant