The Royal Bank Of Scotland Group Plc v Mr Graham Kenny (Full Decision _Transfer) [2012] DRS 11286 (19 July 2012)

The Royal Bank Of Scotland Group Plc v Mr Graham Kenny (Full Decision _Transfer) [2012] DRS 11286 (19 July 2012)

The Panel found that the domain name was identical or similar to the Complainant's mark, the Respondent had no rights or legitimate interests in the domain name, and the registration was abusive.

Citation
[2012] DRS 11286
Parties
Complainant: The Royal Bank Of Scotland Group Plc; Respondent: Mr Graham Kenny
Jurisdiction
United Kingdom
Judgment Date
19 July 2012
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

The Royal Bank Of Scotland Group Plc

Complainant

Mr Graham Kenny

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name registered by the Respondent 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 a manner which took unfair advantage of or was unfairly detrimental to the Complainant's rights

Ratio Decidendi

The Panel found that the domain name was identical or similar to the Complainant's mark, the Respondent had no rights or legitimate interests in the domain name, and the registration was abusive.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant