Westmore · UDRP decision
WIPO · Case No. D2013-0122

Rbsonlineservices.com

TransferWIPO-indexed · informational, not legal advice

The Panel ordered transfer of <rbsonlineservices.com> after finding it confusingly similar to the Complainant’s RBS mark, that the Respondent lacked rights or legitimate interests, and that the domain had been registered and used in bad faith. A screenshot showed use of the domain for a phishing website designed to obtain confidential banking information from the Complainant’s customers. The website’s subsequent inactivity did not alter the bad-faith finding.

Outcome
Transfer
At a glance
Provider
WIPO
Outcome
Transfer
Decision date
2013-03-10
Panelist(s)
Hamilton, William F.
Complainant
The Royal Bank of Scotland Group Plc
Respondent
Ola Femi
Counsel
Melbourne IT Digital Brand Services
Disputed domain(s)
rbsonlineservices.com
Citation weightrelies on 2 authorities
Domain history UDRP Intelligence

The timeline behind rbsonlineservices.com

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Westmore reconstructs the full history behind rbsonlineservices.com — from public RDAP and the Internet Archive — as part of UDRP Intelligence:

Registration → decision → today timeline
Archived Wayback evidence of what the site showed
Registry bad-faith signals
The live current registrant
Available in UDRP Intelligence
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of rbsonlineservices.com.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The case illustrates a direct application of the UDRP to a financial-services phishing domain. The combination of the RBS mark with the wording “online services” did not reduce confusion and instead corresponded with a website seeking confidential banking information. The decision also confirms that taking a phishing site offline does not erase prior bad-faith use and that later passive holding may remain relevant.

The three-part test
Identical or Confusingly SimilarMet
Rights or Legitimate InterestsMet
Registered and Used in Bad FaithMet

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

Related decisions
Case details
Provider
WIPO
Outcome
Transfer
Decision date
2013-03-10
Panel
Hamilton, William F.
Full decision
5 min read · hosted by Westmore

WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION The Royal Bank of Scotland Group Plc v. Ola Femi, naso Case No. D2013-0122 1. The Parties The Complainant is The Royal Bank of Scotland Group Plc of London, United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), represented by Melbourne IT Digital Brand Services, Sweden. The Respondent is Ola Femi, naso of Lagos, Nigeria. 2. The Domain Name and Registrar The disputed domain name <rbsonlineservices.com> is registered with PDR Ltd. d/b/a PublicDomainRegistry.com (the “Registrar”). 3. Procedural History The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 18, 2013. On January 18, 2013, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 19, 2013, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 23, 2013. In accordance with the Rules, paragraph 5(a), the due date for Response was February 12, 2013. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 13, 2013. The Center appointed William F “Bill” Hamilton as the sole panelist in this matter on February 26, 2013. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background The Complainant is a venerable financial institution. The Complainant traces its roots back to a Royal Charter granted in 1727. The Complainant has registered and owns the renown mark RBS and numerous trademarks that incorporate or utilize the RBS brand. The RBS mark, for example, was registered with the United States Patent and Trademark Office in 2006. The Complainant operates the websites “www.rbs.com” and “www.rbsgroup.com”, registered respectively in 1994 and 1995. The disputed domain name was registered on December 1, 2012. 5. Parties’ Contentions A. Complainant The Complainant asserts that the disputed domain name is confusingly similar to the Complainant’s RBS trademark. The Complaint asserts that the Respondent has never been authorized to use the RBS mark and that the Respondent has no rights or legitimate interests in the disputed domain name or RBS mark. The Complainant further asserts that the disputed domain name was nefariously used by the Respondent as “phishing” website to trick RBS customers into providing confidential customer banking information to the Respondent. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar The disputed domain name is confusingly similar to the Complainant‘s RBS mark. A long line of UDRP cases hold that the additional of a generic suffix such as “onlineservices” to an established trademark or service mark is insufficient to avoid a finding of confusing similarity. Dr. Ing. h.c. F. Porsche AG v. Rojeen Rayaneh , WIPO Case No. D2004-0488 . The Panel finds that the disputed domain name is confusingly similar to Complainant’s RBS mark. B. Rights or Legitimate Interests The Complainant disavows any licensing or business relationship with the Respondent that might constitute an authorization for the Respondent to use the RBS mark or the disputed domain name. The disputed domain name was clearly used for the Respondent’s financial gain and not as a parody or for any other non-commercial use. An Internet search fails to disclose any legitimate business of the Respondent under the disputed domain name or the RBS mark. The Respondent has failed to respond to the Complaint or to demonstrate any rights or legitimate interests in the disputed domain name. The Panel finds that the Complainant has sufficiently demonstrated that the Respondent lacks any rights or legitimate interests in the disputed domain name. C. Registered and Used in Bad Faith The screen shot provided by the Complainant of the Respondent’s landing page for the disputed domain name clearly evidences an effort by the Respondent to obtain through artifice and false pretenses confidential banking information of the Complainant’s customers. Google, Inc. v. Robert Takovich , WIPO Case No. DMX2012-0006 . That the Respondent’s website is no longer active is of no moment as the disputed domain name has previously been used in bad faith and there is not reason to believe that the Respondent may not revert to previous “phishing” conduct. Indeed the passive holding of the disputed domain name may be considered a form of bad faith use. WIPO Overview of WIPO Panel Views on Selected UDRP Questions , Second Edition, “WIPO Overview 2.0”, section 3.2 . The Panel finds that the Complainant has established that the disputed domain name was registered and is being used in bad faith. 7. Decision For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <rbsonlineservices.com> be transferred to the Complainant. William F “Bill” Hamilton Sole Panelist Date: March 10, 2013

Source of record: WIPO . Reproduced for research; WIPO is the authoritative source.

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