Karen Millen Fashions Limited v Zhongxing.com,inc (Summary Decision _Transfer) [2013] DRS 12402 (26 March 2013)

Karen Millen Fashions Limited v Zhongxing.com,inc (Summary Decision _Transfer) [2013] DRS 12402 (26 March 2013)

The Panel found that the domain name was identical or similar to the Complainant's trade mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Citation
[2013] DRS 12402
Parties
Complainant: Karen Millen Fashions Limited; Respondent: Zhongxing.com,inc
Jurisdiction
United Kingdom
Judgment Date
26 March 2013
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer of domain name ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Karen Millen Fashions Limited

Complainant

Zhongxing.com,inc

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent is identical or similar to a name or mark 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 or is being used in bad faith

Ratio Decidendi

The Panel found that the domain name was identical or similar to the Complainant's trade mark, the Respondent had no rights or legitimate interests, and the domain name was registered and used in bad faith.

Court Disposition

Transfer of domain name ordered

Orders

  • The domain name is to be transferred to the Complainant