Automated Summary
Key Facts
Nominet's Independent Expert, Mark de Brunner, issued a summary decision (Case D00012400) on 26 February 2013 regarding the domain name virginatlantic.org.uk. The Complainant, Virgin Enterprises Limited, established rights to a mark identical or similar to the domain and proved abusive registration. Consequently, the decision ordered the transfer of the domain to Virgin Enterprises Limited.
Issues
- Complainant has rights in a name or mark identical or similar to the domain name.
- Domain name is an abusive registration.
Holdings
- The Complainant demonstrated rights in a mark identical or similar to the domain name.
- The domain name virginatlantic.org.uk was found to be an abusive registration.
- No other factors were found to make the summary decision unconscionable.
Remedies
The domain name virginatlantic.org.uk was ordered to be transferred to the Complainant.
Legal Principles
The Complainant demonstrated that the domain name was an abusive registration under the Nominet Dispute Resolution Service Procedure, leading to the transfer of the domain to the Complainant.
Judge Name
Mark de Brunner
Passage Text
- I grant the Complainant's application for a summary decision. In accordance with paragraph 5f of the Procedure, 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.
- The Complainant has, to my reasonable satisfaction, shown that the domain name virginatlantic.org.uk is an abusive registration.