Pita Pit International Inc. v Warren Pearson (Full Decision _Transfer) [2014] DRS 14832 (09 December 2014)

Pita Pit International Inc. v Warren Pearson (Full Decision _Transfer) [2014] DRS 14832 (09 December 2014)

The Panel found that the domain name was an Abusive Registration because it was identical or similar to the Complainant's trade mark and the Respondent had no rights or legitimate interests in the domain name.

Citation
[2014] DRS 14832
Parties
Complainant: Pita Pit International Inc.; Respondent: Warren Pearson
Jurisdiction
United Kingdom
Judgment Date
09 December 2014
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Disputes, Trade Marks, Passing Off
Intellectual Property Internet Law Domain Name Disputes Trade Marks Passing Off

Case Brief

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Parties

Pita Pit International Inc.

Complainant

Warren Pearson

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registration is an Abusive Registration under the DRS Policy
  2. 2 Whether the Respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The Panel found that the domain name was an Abusive Registration because it was identical or similar to the Complainant's trade mark and the Respondent had no rights or legitimate interests in the domain name.

Court Disposition

Transfer ordered

Orders

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