Accor v Webdreams Llc (Full Decision _Cancellation) [2012] DRS 11901 (15 November 2012)

Accor v Webdreams Llc (Full Decision _Cancellation) [2012] DRS 11901 (15 November 2012)

The panel found that the complainant had established rights in the mark, that the respondent had no legitimate interests, and that the domain name was registered and used in bad faith. Therefore, the complaint succeeded.

Citation
[2012] DRS 11901
Parties
Complainant: Accor; Respondent: Webdreams Llc
Jurisdiction
United Kingdom
Judgment Date
15 November 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement Passing Off

Case Brief

Summary, issues, holding and outcome

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Parties

Accor

Complainant

Webdreams Llc

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 respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name has been registered or is being used in bad faith

Ratio Decidendi

The panel found that the complainant had established rights in the mark, that the respondent had no legitimate interests, and that the domain name was registered and used in bad faith. Therefore, the complaint succeeded.

Court Disposition

Complaint upheld

Orders

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