Royal Bank of Scotland Group Plc v Jin [2006] DRS 3931 (9 October 2006)

Royal Bank of Scotland Group Plc v Jin [2006] DRS 3931 (9 October 2006)

The complainants established rights in the NATWEST and NATWEST STOCKBROKERS marks, and the respondent's registration and use of the domain name was found to be abusive as it took unfair advantage of and was unfairly detrimental to the complainants' rights by diverting users to competitors and creating confusion.

Citation
[2006] DRS 3931
Parties
Complainant: The Royal Bank of Scotland Group Plc; Complainant: National Westminster Bank Plc; Complainant: NatWest Stockbrokers Limited; Respondent: Kwan Jin
Jurisdiction
United Kingdom
Judgment Date
09 October 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Dispute, Trademark Infringement, Abusive Registration
Intellectual Property Information Technology Domain Name Dispute Trademark Infringement Abusive Registration

Case Brief

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Parties

The Royal Bank of Scotland Group Plc

Complainant

National Westminster Bank Plc

Complainant

NatWest Stockbrokers Limited

Complainant

Kwan Jin

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 established rights in the NATWEST and NATWEST STOCKBROKERS marks, and the respondent's registration and use of the domain name was found to be abusive as it took unfair advantage of and was unfairly detrimental to the complainants' rights by diverting users to competitors and creating confusion.

Court Disposition

domain name transfer ordered

Orders

  • The domain name is to be transferred to The Royal Bank of Scotland Group Plc.