Barclays Bank PLC v Lycos (Full Decision _Transfer) [2012] DRS 11238 (19 June 2012)

Barclays Bank PLC v Lycos (Full Decision _Transfer) [2012] DRS 11238 (19 June 2012)

The panel found that the domain name is confusingly similar to the complainant's trademark, the respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith. Therefore, the complaint succeeds.

Citation
[2012] DRS 11238
Parties
Complainant: Barclays Bank PLC; Respondent: Lycos
Jurisdiction
United Kingdom
Judgment Date
19 June 2012
Procedural Posture
Domain Name Dispute / Decision
Outcome
complaint upheld
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

Barclays Bank PLC

Complainant

Lycos

Respondent

Procedural Posture

Domain Name Dispute / Decision

Legal Issues

  1. 1 Whether the domain name registered by the respondent is identical or similar to a trademark 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 domain name is confusingly similar to the complainant's trademark, the respondent has no rights or legitimate interests in the domain name, and the domain name was registered and is being used in bad faith. Therefore, the complaint succeeds.

Court Disposition

complaint upheld

Orders

  • the domain name is to be transferred to the complainant