Virgin Enterprises Limited v Virgin Media Cloud Ltd Ervin Remus Radosavlevici (Full Decision _Transfer) [2017] DRS 18647 (06 July 2017)
The panel found that the domain name was similar to the complainant's trademark, the respondent had no rights or legitimate interests in the domain name, and the domain name was registered and used in bad faith, warranting a transfer to the complainant.
- Citation
- [2017] DRS 18647
- Parties
- Complainant: Virgin Enterprises Limited; Respondent: Virgin Media Cloud Ltd; Respondent: Ervin Remus Radosavlevici
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 July 2017
- Procedural Posture
- Domain Name Dispute / Full Decision
- Outcome
- Transfer ordered
- Legal Topics
- Domain Name Dispute, Trademark Infringement
Case Brief
Summary, issues, holding and outcome
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Parties
Virgin Enterprises Limited
Complainant
Virgin Media Cloud Ltd
Respondent
Ervin Remus Radosavlevici
Respondent
Procedural Posture
Domain Name Dispute / Full Decision
Legal Issues
- 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
- 2 Whether the respondent has rights or legitimate interests in respect of the domain name
- 3 Whether the domain name was registered or is being used in bad faith
Ratio Decidendi
The panel found that the domain name was similar to the complainant's trademark, the respondent had no rights or legitimate interests in the domain name, and the domain name was registered and used in bad faith, warranting a transfer to the complainant.
Court Disposition
Transfer ordered
Orders
- The domain name is to be transferred to the complainant.
Full Case Text
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