Skyscanner Limited v Fundacion Comercio Electronico (Summary Decision _Transfer) -[2019] DRS 22058- (30 December 2019)

BAILII

Automated Summary

Key Facts

The case involves Skyscanner Limited seeking to transfer the domain name skyscanber.co.uk from Fundacion Comercio Electronico. The Complainant demonstrated rights to the name 'Skyscanner' and proved abusive registration. The decision, dated 2019-12-28, ordered the domain to be transferred to the Complainant.

Issues

  • Whether any other factors exist that would make a summary decision unconscionable in the circumstances.
  • Whether the Complainant has rights in a name or mark that is identical or similar to the domain name.
  • Whether the domain name skyscanber.co.uk constitutes an abusive registration under the Policy.

Holdings

  • I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances.
  • The domain name will be transferred to the Complainant in accordance with section 12 of the Policy.
  • The Complainant has, to my reasonable satisfaction, shown rights in respect of a name or mark which is identical or similar to the domain name.
  • The Complainant has, to my reasonable satisfaction, shown that the domain name skyscanber.co.uk is an abusive registration.

Remedies

The Complainant's application for a summary decision was granted. In accordance with section 12 of the Policy, the domain name skyscanber.co.uk will be transferred to the Complainant.

Legal Principles

The decision was based on the principle of unconscionability, as the Independent Expert found no other factors making a summary decision unconscionable in the circumstances.

Cited Statute

Nominet Policy

Judge Name

Jacqueline Reid

Passage Text

  • The Complainant has, to my reasonable satisfaction, shown that the domain name skyscanber.co.uk is an abusive registration.
  • I grant the Complainant's application for a summary decision. In accordance with section 12 of the Policy, the domain name will therefore be transferred to the Complainant.
  • The Complainant has, to my reasonable satisfaction, shown rights in respect of a name or mark which is identical or similar to the domain name.