UMBRO wins umbro.co.nz after 2nd time round
Disputes, posted: 20-Mar-2008 11:17
UMBRO International Ltd has won the transfer of umbro.co.nz from E-promote after their second attempt in the domain dispute resolution service.
The company attempted to gain control of their trademarked name back in October 2007 but the case was dismissed as it was filed under their agent's name.
The .nz dispute resolution service requires the actual Complainant to show that it has Rights in respect of a name or mark which is identical or similar to the Domain Name. But Umbro's agent, Melbourne IT CBS, has no rights in the name -umbro- so the earlier case was dismissed on that technicality without prejudice to the right of Umbro to file a new complaint at a later date. The company did just that - they lodged a new complaint on 14 January 2008 using their company name as that of the Complainant.
E-promote did not contest the compaint and DRS Expert Mr Terence Stapleton had no problems deciding that on the balance of probabilities the registration of umbro.co.nz was an unfair registration and thus the domain name should be transferred to UMBRO International Ltd.
This case should serve as a lesson to companies wishing to protect their intellectual property rights; Follow the Dispute Resolution Service procedure 'to the letter' if you don't want to risk time and money having your case thrown out on a technicality.
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The company attempted to gain control of their trademarked name back in October 2007 but the case was dismissed as it was filed under their agent's name.
The .nz dispute resolution service requires the actual Complainant to show that it has Rights in respect of a name or mark which is identical or similar to the Domain Name. But Umbro's agent, Melbourne IT CBS, has no rights in the name -umbro- so the earlier case was dismissed on that technicality without prejudice to the right of Umbro to file a new complaint at a later date. The company did just that - they lodged a new complaint on 14 January 2008 using their company name as that of the Complainant.
E-promote did not contest the compaint and DRS Expert Mr Terence Stapleton had no problems deciding that on the balance of probabilities the registration of umbro.co.nz was an unfair registration and thus the domain name should be transferred to UMBRO International Ltd.
This case should serve as a lesson to companies wishing to protect their intellectual property rights; Follow the Dispute Resolution Service procedure 'to the letter' if you don't want to risk time and money having your case thrown out on a technicality.
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Other related posts:
Infamous typosquatter loses more domains
Harvey Norman win plural name
inlandrevenue.co.nz to be transferred to the Government
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