Arnold Clark Automobiles Limited v Whois Foundation (Full Decision _Transfer) [2018] DRS 19925 (05 April 2018)

Arnold Clark Automobiles Limited v Whois Foundation (Full Decision _Transfer) [2018] DRS 19925 (05 April 2018)

The complainant established rights in the name and mark, the domain name was found to be identical or similar, and the respondent's registration was abusive due to lack of legitimate interest and no response.

Citation
[2018] DRS 19925
Parties
Complainant: Arnold Clark Automobiles Limited; Respondent: Whois Foundation
Jurisdiction
United Kingdom
Judgment Date
05 April 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer of domain name ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Information Technology Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Arnold Clark Automobiles Limited

Complainant

Whois Foundation

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's registration or use of the domain name is abusive

Ratio Decidendi

The complainant established rights in the name and mark, the domain name was found to be identical or similar, and the respondent's registration was abusive due to lack of legitimate interest and no response.

Court Disposition

Transfer of domain name ordered

Orders

  • The domain name is to be transferred to the complainant