Royal Bank of Scotland & Ors v Morrison [2006] DRS 3719 (21 July 2006)

Royal Bank of Scotland & Ors v Morrison [2006] DRS 3719 (21 July 2006)

The complainants have rights in the PRIVILEGE mark, which is similar to the disputed domain name. The respondent registered and used the domain name to take unfair advantage of the complainants' rights, disrupt their business, and profit from diverted internet traffic. The respondent has a pattern of abusive registrations, triggering a presumption of abuse. The domain name is therefore an abusive registration and should be transferred.

Citation
[2006] DRS 3719
Parties
Complainant: The Royal Bank of Scotland; Complainant: Direct Line Insurance plc; Complainant: Privilege Insurance Company Limited; Respondent: Robert Morrison
Jurisdiction
United Kingdom
Judgment Date
21 July 2006
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Abusive Registration, Typo Piracy
Intellectual Property Information Technology Domain Name Disputes Trade Mark Infringement Abusive Registration Typo Piracy

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Parties

The Royal Bank of Scotland

Complainant

Direct Line Insurance plc

Complainant

Privilege Insurance Company Limited

Complainant

Robert Morrison

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 disputed domain name
  2. 2 Whether the domain name in the hands of the respondent is an abusive registration

Ratio Decidendi

The complainants have rights in the PRIVILEGE mark, which is similar to the disputed domain name. The respondent registered and used the domain name to take unfair advantage of the complainants' rights, disrupt their business, and profit from diverted internet traffic. The respondent has a pattern of abusive registrations, triggering a presumption of abuse. The domain name is therefore an abusive registration and should be transferred.

Court Disposition

domain name transfer ordered

Orders

  • The domain name 'privelage.co.uk' is to be transferred to the lead complainant, The Royal Bank of Scotland.