NOCN v Whois Foundation (Summary Decision _Transfer) [2019] DRS 21787 (17 October 2019)

NOCN v Whois Foundation (Summary Decision _Transfer) [2019] DRS 21787 (17 October 2019)

The panel found that the complainant had rights in the name NOCN and that the respondent's registration of the domain name was abusive. The domain name was ordered to be transferred to the complainant.

Citation
[2019] DRS 21787
Parties
Complainant: NOCN; Respondent: Whois Foundation
Jurisdiction
United Kingdom
Judgment Date
17 October 2019
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement
Intellectual Property Law Internet Law Domain Name Disputes Trade Mark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

NOCN

Complainant

Whois Foundation

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the complainant has rights in a name or mark identical or similar to the domain name

Ratio Decidendi

The panel found that the complainant had rights in the name NOCN and that the respondent's registration of the domain name was abusive. The domain name was ordered to be transferred to the complainant.

Court Disposition

Domain name transfer ordered

Orders

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