Securimed SAS v Value Products Ltd (Full Decision _Transfer) [2012] DRS 11527 (10 September 2012)

Securimed SAS v Value Products Ltd (Full Decision _Transfer) [2012] DRS 11527 (10 September 2012)

The panel found that the complainant had rights in the name or mark and that the respondent's registration and use of the domain name constituted an abusive registration under the Nominet DRS Policy.

Citation
[2012] DRS 11527
Parties
Complainant: Securimed SAS; Respondent: Value Products Ltd
Jurisdiction
United Kingdom
Judgment Date
10 September 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Securimed SAS

Complainant

Value Products 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 has been registered or is being used in a manner that takes unfair advantage of or is unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in the name or mark and that the respondent's registration and use of the domain name constituted an abusive registration under the Nominet DRS Policy.

Court Disposition

Transfer ordered

Orders

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