Baby Pages Ltd v Declare [2007] DRS 5036 (31 October 2007)

Baby Pages Ltd v Declare [2007] DRS 5036 (31 October 2007)

The complainant established rights in a name similar to the domain name, but failed to prove on the balance of probabilities that the respondent registered the domain name with knowledge of the complainant's rights or with an unfair motive. There was insufficient evidence of abusive registration as defined by the Policy.

Citation
[2007] DRS 5036
Parties
Complainant: Baby Pages Ltd; Respondent: Declare
Jurisdiction
United Kingdom
Judgment Date
31 October 2007
Procedural Posture
Domain Name Dispute / Expert Decision
Outcome
Complaint dismissed
Legal Topics
Domain Name Disputes, Abusive Registration, Trade Name Rights
Intellectual Property Internet Law Domain Name Disputes Abusive Registration Trade Name Rights

Case Brief

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Parties

Baby Pages Ltd

Complainant

Declare

Respondent

Procedural Posture

Domain Name Dispute / Expert Decision

Legal Issues

  1. 1 Whether the complainant has rights in a name identical or similar to the domain name
  2. 2 Whether the domain name constitutes an abusive registration under the Nominet DRS Policy

Ratio Decidendi

The complainant established rights in a name similar to the domain name, but failed to prove on the balance of probabilities that the respondent registered the domain name with knowledge of the complainant's rights or with an unfair motive. There was insufficient evidence of abusive registration as defined by the Policy.

Court Disposition

Complaint dismissed

Orders

  • No action to be taken on the complaint