Natwestbanks.net

The timeline behind natwestbanks.net

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

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

NATIONAL ARBITRATION FORUM DECISION National Westminster Bank plc v. [REDACTED] Claim Number: FA0807001215821 PARTIES Complainant is National Westminster Bank plc (“Complainant”), represented by James A. Thomas, of Troutman Sanders LLP, North Carolina, USA. Respondent is [REDACTED] (“Respondent”), represented by Jan Zirn, of [REDACTED], Germany. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <natwestbanks.net>, registered with Enetica Pty Ltd. PANEL The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding. James A. Carmody, Esq., as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on July 16, 2008; the National Arbitration Forum received a hard copy of the Complaint on July 17, 2008. On July 28, 2008, Enetica Pty Ltd confirmed by e-mail to the National Arbitration Forum that the <natwestbanks.net> domain name is registered with Enetica Pty Ltd and that the Respondent is the current registrant of the name. Enetica Pty Ltd has verified that Respondent is bound by the Enetica Pty Ltd registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”). On July 31, 2008, a Notification of Complaint and Commencement of Administrative Proceeding (the “Commencement Notification”), setting a deadline of August 20, 2008 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts, and to postmaster@natwestbanks.net by e-mail. A timely Response was received and determined to be complete on August 15, 2008. On August 19, 2008, pursuant to Complainant’s request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed James A. Carmody, Esq., as Panelist. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES’ CONTENTIONS A. Complainant makes the following assertions: 1. Respondent’s <natwestbanks.net> domain name is confusingly similar to Complainant’s NATWEST mark. 2. Respondent does not have any rights or legitimate interests in the <natwestbanks.net> domain name. 3. Respondent registered and used the <natwestbanks.net> domain name in bad faith. B. Respondent makes the following assertions: 1. Respondent did not register the disputed domain name, does not know who did and was unaware of Complainant’s business until the commencement of these proceedings. 2. Respondent does not contest the relief requested by Complainant and urges that the Panel grant such relief FINDINGS Preliminary Issue: Redaction of Respondent’s Identity The Complaint and WHOIS information list the Respondent and registrant, respectively, as [REDACTED]. In its Response, Respondent contends it has been the victim of identity theft. Respondent asserts that its company name is [REDACTED] and that it has never used [REDACTED] in its name. Respondent states that it “consists of a group of companies of in total 160 people in several locations in Germany, United Kingdom, and the United States,” and that it “provides services to enterprise customers regarding centralization of IT, application delivery, and application hosting.” Respondent further urges that financial institutions like Complainant are important customers, and that Respondent’s business model would be misused if it utilized its customers’ marks. Respondent also argues that the contact details provided in the Complaint do not correspond to any of Respondent’s personnel, and that a third party misappropriated Respondent’s address for registration of the disputed domain name. Respondent states that although the WHOIS record provides Respondent’s information, Respondent did not register the disputed domain name and was unaware of Complainant’s business until the commencement of these proceedings. Apparently, Respondent is a victim of identity theft and the Panel elects to redact Respondent’s personal information from the decision to prevent the further victimization of Respondent. In Wells Fargo & Co. v. John Doe as Holder of Domain Name <wellzfargo.com>, FA 362108 (Nat. Arb. Forum Dec. 30, 2004) and Wells Fargo & Co. v. John Doe as Holder of Domain Name <wellsfargossl>, FA 453727 (Nat. Arb. Forum May 19, 2005), the panels omitted the respondents’ personal information from the decisions in an attempt to protect the respondents who claimed to be victims of identity theft from becoming aligned with acts the actual registrants appeared to have sought to impute to the respondents. See also Nat’l Westminster Bank plc v. [Redacted], FA 1028337 (Nat. Arb. Forum July 25, 2007). According to Policy ¶ 4(j), “[a]ll decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.” Consequently, the Panel may determine the circumstances of the present case, including the claim of identity theft by Respondent, warrant the redaction of Respondent’s personal information from the Panel’s decision. It is clear from the Response that Respondent does not contest the relief requested by Complainant and urges that the Panel grant such relief. Accordingly, it is not necessary for the Panel to engage in analysis of the traditional elements of the Policy before granting such relief. DECISION The Panel concludes that relief shall be GRANTED. Accordingly, it is Ordered that the <natwestbanks.net> domain name be TRANSFERRED from Respondent to Complainant. James A. Carmody, Esq., Panelist Dated: August 21, 2008 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page NATIONAL ARBITRATION FORUM

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