Barclays PLC v Whois - Privacy.Net (Full Decision _Transfer) [2011] DRS 9828 (01 July 2011)

Barclays PLC v Whois - Privacy.Net (Full Decision _Transfer) [2011] DRS 9828 (01 July 2011)

The panel found that the complainant had established rights in the mark, that the domain name was identical or similar, and that the respondent had no legitimate rights or interests and the registration was abusive.

Citation
[2011] DRS 9828
Parties
Complainant: Barclays PLC; Respondent: Whois - Privacy. Net
Jurisdiction
United Kingdom
Judgment Date
01 July 2011
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Barclays PLC

Complainant

Whois - Privacy. Net

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registration is abusive under the Nominet DRS Policy
  2. 2 Whether the respondent has rights or legitimate interests in the domain name

Ratio Decidendi

The panel found that the complainant had established rights in the mark, that the domain name was identical or similar, and that the respondent had no legitimate rights or interests and the registration was abusive.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the complainant