Mamas and Papas Ltd v Aimeek [2010] DRS 7789 (9 February 2010)

Mamas and Papas Ltd v Aimeek [2010] DRS 7789 (9 February 2010)

The complainant established rights in a mark similar to the domain name, and the respondent used the domain name in a manner that took unfair advantage of those rights by linking to competitor sites and potentially gaining financially, constituting abusive registration.

Citation
[2010] DRS 7789
Parties
Complainant: Mamas and Papas Ltd.; Respondent: D. Aimee
Jurisdiction
United Kingdom
Judgment Date
09 February 2010
Procedural Posture
Domain Name Dispute / Expert Determination
Outcome
Complaint upheld
Legal Topics
Domain Name Disputes, Trademark Infringement, Abusive Registration
Intellectual Property Internet Law Domain Name Disputes Trademark Infringement Abusive Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Mamas and Papas Ltd.

Complainant

D. Aimee

Respondent

Procedural Posture

Domain Name Dispute / Expert Determination

Legal Issues

  1. 1 Whether the complainant has rights in a name or mark similar to the domain name
  2. 2 Whether the domain name is an abusive registration

Ratio Decidendi

The complainant established rights in a mark similar to the domain name, and the respondent used the domain name in a manner that took unfair advantage of those rights by linking to competitor sites and potentially gaining financially, constituting abusive registration.

Court Disposition

Complaint upheld

Orders

  • Domain name mammasandpappas.co.uk to be transferred to the complainant