Pet Plan Ltd v Ultimate Projects Ltd (Full Decision _Transfer) [2015] DRS 15521 (22 May 2015)

The Panel found that the Complainant had rights in the name and mark, and that the Respondent's registration was abusive as there was no legitimate interest and no response was filed.

Citation: [2015] DRS 15521
Parties: Complainant: Pet Plan Ltd; Respondent: Ultimate Projects Ltd
Jurisdiction: United Kingdom
Judgment Date: 22 May 2015
Procedural Posture: Domain Name Dispute / Full Decision
Outcome: Complaint upheld
Legal Topics: Domain Name Dispute, Passing Off, Trademark Infringement

Intellectual Property Domain Name Law Domain Name Dispute Passing Off Trademark Infringement

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Pet Plan Ltd

Complainant

Ultimate Projects Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

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 Whether the Respondent's registration is abusive

Ratio Decidendi

The Panel found that the Complainant had rights in the name and mark, and that the Respondent's registration was abusive as there was no legitimate interest and no response was filed.

Court Disposition

Complaint upheld

Orders

Domain name to be transferred to the Complainant