How we helped Tummy2Mummy win an abusive registration dispute

8 September 2020 | Client news

How we helped Tummy2Mummy win an abusive registration dispute

Healthcare firm Tummy2Mummy has thanked Harper James Solicitors for our support in resolving an IP dispute. Run by midwife and sonographer Donna Grant, Tummy2Mummy carry out pregnancy reassurance scans, deliver post and antenatal care and provide midwifery support to thousands of women across the Midlands.

They contacted Harper James Solicitors when another company – operating in their region – registered the Tummy2Mummy domain name. The rival company were then able to gain a commercial advantage by directing customers to their own website. 

Initially Donna, who has run her business for more than 10 years, tried to deal with the IP breach on her own. But after being unable to resolve the matter, she contacted our industry-leading team led by Harper James intellectual property partner Lindsay Gledhill. 

Our team established that Tummy2Mummy had become a victim of an abusive registration. This occurs when a company’s domain name is either registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, has taken unfair advantage.

We launched a dispute on behalf of our client with Nominet, the UK’s domain name registry. Donna has now successfully managed to get the domain name transferred back to her.

She thanked Harper James: ‘Lindsay and the team provided us with clear and expert advice from start to finish. They helped us resolve what was a very stressful situation. I’d recommend the service they provide to anyone who ever finds themselves in the same situation.’

Commenting on the support provided by Harper James Solicitors, Lindsay Gledhill, said: ‘I’m really glad we were able to help Donna. The considerable advantage of using Nominet arbitrations instead of court proceedings – for the right case – is that the arbitrator is actually empowered to transfer the domain name in question. It goes to the heart of the problem.’

Like Tummy2Mummy, many other companies are impacted by abusive registration each year, which can hand those behind the abuse an unfair commercial advantage.

In fact, according to official data held by Nominet, the total number of domain names that were subject to dispute resolution complaints in 2019 was 801.

Just under half of the complaints (47%) in 2019 resulted in a domain transfer, similar to 2018 by comparison (49%). Brands such as Facebook Technologies, eBay, WhatsApp and Pret A Manger also used the Dispute Resolution Service in 2019.

For more information on how you can resolve intellectual property disputes, including infringements and domain name arbitration, see our IP dispute resolution services.

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