Cyber squatters: 0 Brand owners: 1
 The domain name was registered by a local close corporation, Cool Ideas 1290 CC. The domain name resolved to a website that stated "this website is coming soon". The domain name came to the attention of Telkom Media, when it wanted to register the domain name The complaint was submitted to the SAIIPL, an accredited ADR Service Provider on 24 May 2007 and the decision was handed down on 13 July 2007. Telkom submitted evidence of its trade mark registrations for TELKOM, the earliest of which dated from 1991. It also submitted evidence of its extensive use of the trade mark TELKOM, amongst others that TELKOM is one of the 10 top best-known brands in South Africa. The adjudicator ruled that Cool Ideas had registered the domain primarily to block the registration of the name by Telkom and furthermore that it intended to disrupt the business of Telkom and Telkom Media with this registration. The adjudicator ruled that the domain registration was made in bad faith to prevent Telkom from exercising its trade mark rights. Cool Ideas had submitted incomplete contact details in the WHOIS database. The adjudicator referred to foreign decisions and ruled that this was a further indication that the domain registration was made in bad faith. He ruled that the domain name was an abusive registration and ordered the transfer of the domain name. Four cases have already been filed with the SAIIPL DomainDisputes.co.za service. One case has been settled and one case is still pending. The latest ruling sends a clear message to cyber squatters to refrain from registering well-known brands in their own names. The days of brand owners paying exorbitant amounts to cyber squatters are hopefully now something of the past. |
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| 9/11/2007 | Posted in: Intellectual Property and IT Law | ||
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