Ultimate Languages Ltd v Webcertain Group Ltd (Full Decision _Transfer) [2019] DRS 21573 (23 August 2019)

Ultimate Languages Ltd v Webcertain Group Ltd (Full Decision _Transfer) [2019] DRS 21573 (23 August 2019)

The panel found that the complainant had rights in a name or mark similar to the domain name and that the respondent's registration was abusive under the Nominet DRS Policy.

Citation
[2019] DRS 21573
Parties
Complainant: Ultimate Languages Ltd; Respondent: Webcertain Group Ltd
Jurisdiction
United Kingdom
Judgment Date
23 August 2019
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trade Mark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trade Mark Infringement

Case Brief

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Parties

Ultimate Languages Ltd

Complainant

Webcertain Group 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 in a manner which, at the time when the registration took place, took unfair advantage of or was unfairly detrimental to the complainant's rights

Ratio Decidendi

The panel found that the complainant had rights in a name or mark similar to the domain name and that the respondent's registration was abusive under the Nominet DRS Policy.

Court Disposition

Transfer ordered

Orders

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