THE TORONTO-DOMINION BANK v Mr Nick Waters (Full Decision _Transfer) [2018] DRS 20156 (30 July 2018)

THE TORONTO-DOMINION BANK v Mr Nick Waters (Full Decision _Transfer) [2018] DRS 20156 (30 July 2018)

The Panel found that the domain name is identical or confusingly similar to the Complainant's mark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Citation
[2018] DRS 20156
Parties
Complainant: THE TORONTO-DOMINION BANK; Respondent: Mr Nick Waters
Jurisdiction
United Kingdom
Judgment Date
30 July 2018
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Complaint upheld
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

THE TORONTO-DOMINION BANK

Complainant

Mr Nick Waters

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 bad faith

Ratio Decidendi

The Panel found that the domain name is identical or confusingly similar to the Complainant's mark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and used in bad faith.

Court Disposition

Complaint upheld

Orders

  • The domain name is to be transferred to the Complainant