Plain Support S.A & Dumarca Gaming Limited v Julio Contaza (Summary Decision _Transfer) -[2014] DRS 14849- (05 November 2014)

BAILII

Automated Summary

Key Facts

Complainants Plain Support S.A and Dumarca Gaming Limited successfully argued that the domain name was an abusive registration, leading to a decision to transfer the domain. The respondent was Julio Contaza. The case was decided on 31 October 2014 by Steven A. Maier.

Issues

  • The complainant has, to my reasonable satisfaction, shown that the domain name is an Abusive Registration.
  • 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.
  • I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances.

Holdings

  • The complainant has, to my reasonable satisfaction, shown that the domain name is an Abusive Registration.
  • 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 decision is to Transfer the domain name.
  • I am satisfied that no other factors apply which would make a summary decision unconscionable in all the circumstances.

Remedies

Transfer

Legal Principles

The decision was based on the principle of unconscionability, as the expert concluded that no other factors existed to make the summary decision (transfer of the domain name) unconscionable in the circumstances.

Judge Name

Steven A. Maier

Passage Text

  • The complainant has, to my reasonable satisfaction, shown that the domain name is an Abusive Registration.
  • Transfer
  • 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.