{ "case_number": "CAC-UDRP-106973", "time_of_filling": "2024-10-21 10:14:48", "domain_names": [ "mothercaremall.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Mothercare Global Brand Limited ", "Mothercare UK Limited" ], "complainant_representative": "Stobbs IP Ltd", "respondent": [ "Mr Umer  Khan (Mother Care Mall)" ], "respondent_representative": null, "factual_background": "

The Complainants are the British companies Mothercare Global Brand Limited and Mothercare UK Limited. Mothercare Global Brand Limited holds ownership and control over the MOTHERCARE trademarks. For the past 70 years, the Complainants have operated under the MOTHERCARE trademarks, engaging in the design, sourcing, and distribution of products aimed at satisfying the needs of parents and young children.<\/p>\n

The MOTHERCARE trademark made its retail debut with its first store in Surrey, UK, in 1961. The store initially offered a selection of pushchairs, nursery furniture, and maternity wear. Over the years, the product line expanded to include apparel for children up to five years old and later, for those up to eight years old.<\/p>\n

The Complainant’s website is https:\/\/www.mothercareplc.com\/.<\/p>\n

The Respondent has registered the disputed domain name <mothercaremall.com> on June 9, 2024, which resolved to a website offering children's apparel for sale.<\/p>", "other_legal_proceedings": "

The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n


No administratively compliant Response has been filed.<\/p>", "rights": "

The Complainants have, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainants have rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "

The Complainants have, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "

The Complainant have, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "

The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>\n

UDRP panel has articulated principles governing the question of whether a complaint filed by multiple complainants may be brought against one or more respondents. These criteria encompass situations in which: (i) the complainants either have a specific common grievance against the respondent, or the respondent has engaged in common conduct that has affected the complainants’ individual rights in a similar fashion; and (ii) it would be equitable and procedurally efficient to permit the consolidation. The burden of showing that consolidation is proper falls on the Complainants.<\/p>\n

The Complainants have provided sufficient evidence to justify their consolidation. They share a common legal interest and grievance: Mothercare Global Brand holds ownership and control over the MOTHERCARE trademarks, while Mothercare UK Limited is the licensee.<\/p>", "decision": "Accepted", "panelists": [ "Nathalie Dreyfus" ], "date_of_panel_decision": "2024-12-06 00:00:00", "informal_english_translation": "

The Complainants have proved to own the following trademark rights:<\/p>\n