The Nappy Lady Ltd v Miranda Stamp (Full Decision _Transfer) [2014] DRS 13538 (04 February 2014)

The Nappy Lady Ltd v Miranda Stamp (Full Decision _Transfer) [2014] DRS 13538 (04 February 2014)

The Panel found that the complainant had rights in the name 'The Nappy Lady', that the respondent's registration was abusive, and ordered the transfer of the domain name to the complainant.

Citation
[2014] DRS 13538
Parties
Complainant: The Nappy Lady Ltd; Respondent: Miranda Stamp
Jurisdiction
United Kingdom
Judgment Date
04 February 2014
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Transfer, Passing Off, Trademark Infringement
Intellectual Property Domain Name Transfer Passing Off Trademark Infringement

Case Brief

Summary, issues, holding and outcome

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Parties

The Nappy Lady Ltd

Complainant

Miranda Stamp

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name thenappylady.co.uk should be transferred to the complainant
  2. 2 Whether the respondent's registration constitutes passing off or trademark infringement

Ratio Decidendi

The Panel found that the complainant had rights in the name 'The Nappy Lady', that the respondent's registration was abusive, and ordered the transfer of the domain name to the complainant.

Court Disposition

Domain name transferred to complainant

Orders

  • thenappylady.co.uk to be transferred to The Nappy Lady Ltd