Virgin Enterprises Limited v Universal Comms W/S Ltd (Full Decision _Transfer) [2018] DRS 19527 (12 February 2018)

Virgin Enterprises Limited v Universal Comms W/S Ltd (Full Decision _Transfer) [2018] DRS 19527 (12 February 2018)

The panel found that the complainant had rights in the VIRGIN mark, that the domain name was identical or similar, and that the respondent's registration and use was abusive, warranting transfer.

Citation
[2018] DRS 19527
Parties
Complainant: Virgin Enterprises Limited; Respondent: Universal Comms W/S Ltd
Jurisdiction
United Kingdom
Judgment Date
12 February 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Trade Marks, Passing Off, Domain Name Transfer
Intellectual Property Domain Name Law Trade Marks Passing Off Domain Name Transfer

Case Brief

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Parties

Virgin Enterprises Limited

Complainant

Universal Comms W/S Ltd

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the domain name was registered in bad faith

Ratio Decidendi

The panel found that the complainant had rights in the VIRGIN mark, that the domain name was identical or similar, and that the respondent's registration and use was abusive, warranting transfer.

Court Disposition

Transfer ordered

Orders

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