Instagram, LLC v . Zhang Hao (Full Decision _Transfer) [2020] DRS 22225 (27 February 2020)

Instagram, LLC v . Zhang Hao (Full Decision _Transfer) [2020] DRS 22225 (27 February 2020)

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith. Accordingly, the complaint succeeded.

Citation
[2020] DRS 22225
Parties
Complainant: Instagram, LLC; Respondent: Zhang Hao
Jurisdiction
United Kingdom
Judgment Date
27 February 2020
Procedural Posture
Domain Name Dispute / Final Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Trademark Infringement

Case Brief

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Parties

Instagram, LLC

Complainant

Zhang Hao

Respondent

Procedural Posture

Domain Name Dispute / Final Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a trademark in which the Complainant has rights
  2. 2 Whether the Respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered and is being used in bad faith

Ratio Decidendi

The Panel found that the domain name is identical or confusingly similar to the Complainant's trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith. Accordingly, the complaint succeeded.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant