London Scottish Bank plc v Web Design Services [2007] DRS 4700 (9 August 2007)

London Scottish Bank plc v Web Design Services [2007] DRS 4700 (9 August 2007)

The respondent permitted the domain name to be used to impersonate the complainant, causing harm to the complainant's business and reputation. Despite some differences between 'London Scottish Bank' and 'Scottish Bank', the similarities and evidence of impersonation establish that the complainant has rights in a similar name and that the registration is abusive.

Citation
[2007] DRS 4700
Parties
Complainant: London Scottish Bank PLC; Respondent: Web Design Services
Jurisdiction
United Kingdom
Judgment Date
09 August 2007
Procedural Posture
Domain Name Dispute / Decision of Independent Expert
Outcome
domain name transfer ordered
Legal Topics
Domain Name Disputes, Trade Mark Infringement, Passing Off, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trade Mark Infringement Passing Off Abusive Registration

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Parties

London Scottish Bank PLC

Complainant

Web Design Services

Respondent

Procedural Posture

Domain Name Dispute / Decision of Independent Expert

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the disputed domain name
  2. 2 Whether the respondent's registration and use of the domain name constitutes abusive registration

Ratio Decidendi

The respondent permitted the domain name to be used to impersonate the complainant, causing harm to the complainant's business and reputation. Despite some differences between 'London Scottish Bank' and 'Scottish Bank', the similarities and evidence of impersonation establish that the complainant has rights in a similar name and that the registration is abusive.

Court Disposition

domain name transfer ordered

Orders

  • The domain name scottishbankplc.co.uk is to be transferred to the complainant.