VISITHEALTH LIMITED v Yulia Smal (Full Decision _Transfer) [2020] DRS 22795 (28 September 2020)

VISITHEALTH LIMITED v Yulia Smal (Full Decision _Transfer) [2020] DRS 22795 (28 September 2020)

The Panel found that the domain name was confusingly similar to the complainant's mark, the respondent had no legitimate interests, and the registration was made in bad faith. Transfer of the domain name was ordered.

Citation
[2020] DRS 22795
Parties
Complainant: VISITHEALTH LIMITED; Respondent: Yulia Smal
Jurisdiction
United Kingdom
Judgment Date
28 September 2020
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Passing Off
Intellectual Property Domain Name Transfer Passing Off

Case Brief

Summary, issues, holding and outcome

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Parties

VISITHEALTH LIMITED

Complainant

Yulia Smal

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name was registered in bad faith
  2. 2 Whether the respondent's registration infringed the complainant's rights

Ratio Decidendi

The Panel found that the domain name was confusingly similar to the complainant's mark, the respondent had no legitimate interests, and the registration was made in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to VISITHEALTH LIMITED