Royal Bank of Scotland Group Plc v Morrison [2006] DRS 3676 (27 September 2006)

Royal Bank of Scotland Group Plc v Morrison [2006] DRS 3676 (27 September 2006)

Direct Line Insurance Plc has rights in the mark 'privilege', which is similar to the disputed domain name. The respondent has a history of abusive registrations and did not rebut the presumption of abusive registration. The complaint was properly constituted with multiple complainants, and transfer to the lead complainant is permissible under the policy.

Citation
[2006] DRS 3676
Parties
Complainant: The Royal Bank of Scotland Group Plc; Complainant: Direct Line Insurance Plc; Complainant: Privilege Insurance Company Limited; Respondent: Robert Morrison
Jurisdiction
United Kingdom
Judgment Date
27 September 2006
Procedural Posture
Domain Name Dispute / Appeal Decision
Outcome
appeal allowed
Legal Topics
Domain Name Disputes, Trade Mark Rights, Abusive Registration, Multiple Complainants
Intellectual Property Internet Law Domain Name Disputes Trade Mark Rights Abusive Registration Multiple Complainants

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Parties

The Royal Bank of Scotland Group Plc

Complainant

Direct Line Insurance Plc

Complainant

Privilege Insurance Company Limited

Complainant

Robert Morrison

Respondent

Procedural Posture

Domain Name Dispute / Appeal Decision

Legal Issues

  1. 1 Whether Direct Line Insurance Plc has rights in the mark 'privilege' similar to the disputed domain name 'privalige.co.uk'
  2. 2 Whether the domain name was an abusive registration in the hands of the respondent
  3. 3 Whether the complaint was properly constituted with multiple complainants and the correct transferee nominated

Ratio Decidendi

Direct Line Insurance Plc has rights in the mark 'privilege', which is similar to the disputed domain name. The respondent has a history of abusive registrations and did not rebut the presumption of abusive registration. The complaint was properly constituted with multiple complainants, and transfer to the lead complainant is permissible under the policy.

Court Disposition

appeal allowed

Orders

  • Transfer of the domain name privalige.co.uk to The Royal Bank of Scotland Group Plc