Domain Name Wire

Domain Name Wire

  • Irony alert: Trademark company loses cybersquatting claim on TrademarkDirect.com.au

    1. BY - Jun 05, 2013
    2. Policy & Law
    3. 0 Comments

    “UK’s Leading Trade Mark Service” loses cybersquatting complaint.

    Oh, it’s delicious.

    Trade Mark Direct Ltd of London has lost a cybersquatting complaint filed under the .au Dispute Resolution Policy for the domain name TrademarkDirect.com.au.

    The irony of the Trade Mark Direct’s utter failure to provide sufficient evidence in the case was not lost on the panel, which wrote:

    It is clear that the disputed domain name is identical to the trade mark which is alleged by the Complaint. However, the Complaint (remarkably for a Complaint purporting to offer advisory services in relation to intellectual property) contains only an extract of the wording of the relevant trade mark with no further evidence of the claimed registration, that it is the Complainant itself that has rights in the trade mark, the date of registration, or evidence of any prior common law trade mark rights

    In fact, Trade Mark Direct scored a rare trifecta loss, failing to convince the panel that it proved any of the three elements required under the .au policy.

    The company’s web site bills it as “The UK’s Leading Trade Mark Service”.

    That expertise apparently doesn’t extend to domain name disputes.

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