Clydesdale Bank Plc v Eric Cheng (Full Decision _Transfer) [2018] DRS 19621 (14 February 2018)

Clydesdale Bank Plc v Eric Cheng (Full Decision _Transfer) [2018] DRS 19621 (14 February 2018)

The panel found that the complainant had rights in the name, the domain name was similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Citation
[2018] DRS 19621
Parties
Complainant: Clydesdale Bank Plc; Respondent: Eric Cheng
Jurisdiction
United Kingdom
Judgment Date
14 February 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Internet Law Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

Clydesdale Bank Plc

Complainant

Eric Cheng

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name 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 complainant had rights in the name, the domain name was similar, the respondent had no legitimate interest, and the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • Transfer of the domain name to the complainant