The Royal Bank Of Scotland Group Plc v Trust Bank (Summary Decision _Transfer) [2012] DRS 10805 (23 March 2012)

The Royal Bank Of Scotland Group Plc v Trust Bank (Summary Decision _Transfer) [2012] DRS 10805 (23 March 2012)

The Panel found that the Complainant had established rights in the name, that the Respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Citation
[2012] DRS 10805
Parties
Complainant: The Royal Bank Of Scotland Group Plc; Respondent: Trust Bank
Jurisdiction
United Kingdom
Judgment Date
23 March 2012
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
Transfer ordered
Legal Topics
Domain Name Dispute, Passing Off, Trademark Infringement
Intellectual Property Domain Name Dispute Passing Off Trademark Infringement

Case Brief

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Parties

The Royal Bank Of Scotland Group Plc

Complainant

Trust Bank

Respondent

Procedural Posture

Domain Name Dispute / Summary 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 Complainant had established rights in the name, that the Respondent had no rights or legitimate interests, and that the domain name was registered and used in bad faith. Accordingly, the domain name should be transferred to the Complainant.

Court Disposition

Transfer ordered

Orders

  • The domain name is to be transferred to the Complainant.