Clive Smith Oxford Ltd T/a Cowley Road MOTs Ltd v Yell Limited Aaron Bellinger (Summary Decision _Transfer) [2016] DRS 18150 (29 November 2016)

Clive Smith Oxford Ltd T/a Cowley Road MOTs Ltd v Yell Limited Aaron Bellinger (Summary Decision _Transfer) [2016] DRS 18150 (29 November 2016)

The complainant established rights in the name and the respondent's registration was abusive under the DRS Policy, warranting transfer of the domain name.

Citation
[2016] DRS 18150
Parties
Complainant: Clive Smith Oxford Ltd T/a Cowley Road MOTs Ltd; Respondent: Yell Limited; Respondent: Aaron Bellinger
Jurisdiction
United Kingdom
Judgment Date
29 November 2016
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Disputes, Passing Off
Intellectual Property Information Technology Domain Name Disputes Passing Off

Case Brief

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Parties

Clive Smith Oxford Ltd T/a Cowley Road MOTs Ltd

Complainant

Yell Limited

Respondent

Aaron Bellinger

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name was registered in a manner which took unfair advantage of or was unfairly detrimental to the complainant's rights
  2. 2 Whether the complainant has rights in respect of a name or mark which is identical or similar to the domain name

Ratio Decidendi

The complainant established rights in the name and the respondent's registration was abusive under the DRS Policy, warranting transfer of the domain name.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the disputed domain name to the complainant