Royal Bank of Scotland Group Plc & National Westminster Bank Plc v Andlowe Web Concepts [2006] DRS 4148 (5 December 2006)

Royal Bank of Scotland Group Plc & National Westminster Bank Plc v Andlowe Web Concepts [2006] DRS 4148 (5 December 2006)

The complainants have established rights in the NATWEST and NATWEST ONLINE marks, and the domain name natt-westonlineb.co.uk is similar to those marks. The respondent registered and used the domain name in a manner that took unfair advantage of and was unfairly detrimental to the complainants' rights, including use for a fraudulent website and providing false contact details. Both limbs of the definition of abusive registration are satisfied.

Citation
[2006] DRS 4148
Parties
Complainant: The Royal Bank of Scotland Group Plc; Complainant: National Westminster Bank Plc; Respondent: Andlowe Web Concepts
Jurisdiction
United Kingdom
Judgment Date
05 December 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Dispute, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement Passing Off Abusive Registration

Case Brief

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Parties

The Royal Bank of Scotland Group Plc

Complainant

National Westminster Bank Plc

Complainant

Andlowe Web Concepts

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainants have rights in a name or mark identical or similar to the domain name
  2. 2 Whether the domain name, in the hands of the respondent, is an abusive registration

Ratio Decidendi

The complainants have established rights in the NATWEST and NATWEST ONLINE marks, and the domain name natt-westonlineb.co.uk is similar to those marks. The respondent registered and used the domain name in a manner that took unfair advantage of and was unfairly detrimental to the complainants' rights, including use for a fraudulent website and providing false contact details. Both limbs of the definition of abusive registration are satisfied.

Court Disposition

domain name transfer ordered

Orders

  • The domain name natt-westonlineb.co.uk is to be transferred to the lead complainant, RBS.