Daily Snippets – 19 March 2016

What’s Happening On The Drops

Big day volume wise yesterday – plus there were a couple of 4 figure sales.

In total there were 28 contested domains on Netfleet; and they won all but one (nxgen.com.au was lost – bid was $200 +/+).

The two big domains were barista.com.au at $2557 +/+ (bid on Drop was $1507); followed by divorcelawyersmelbourne.com.au for $1350 +/+ (bid on Drop was only $212). There is obviously money in coffee and legal domains!

Of the 28 contested domains, 18 of them sold from $60 +/+ down to $10 +/+.

What I did find really interesting though was that Starbucks have actually had the word “BARISTA” trademarked since 2002. (Classes 7 and 11).  I wouldn’t have thought that would get through the system?


Another NZ  Domain Dispute – VW.co.nz

Volkswagen made “road kill” of the registrant of this domain. He obviously realised he was stuffed, because he didn’t even file a response! (Nor did he respond to the “cease and desist letter” sent to him on 2 June 2015).

Have a read of the case here. The main assertions of the Complainant are at (5.3):

i. The Respondent’s registration of the Domain Name could potentially damage the Complainant through the intentional diversion of customers and/or dilution of the reputation and goodwill in the Complainant’s trade mark VW. ii. The Respondent is tarnishing the Complainant’s well-known and famous, and therefore valuable, registered trade mark VW as well as the Complainant’s valuable goodwill that it has established in its trade mark through prior lengthy commercial use and promotion, without any right or legal justification for doing so.

iii. Given the reputation of the Complainant’s trade mark VW, and the fact the Complainant uses almost all the domain names worldwide with the second level domain ‘vw’ in combination with the CCLD for its local country websites, consumers and customers of the Complainant expect the website vw.co.nz to be operated by the Complainant.

iv. The Respondent’s continued registration of the Domain Name enables it to continue causing such damage to the Complainant.

Having read a number of NZ cases, there have been two things that jumped out at me. Under Domain Name Commission policy:

  • Trading in Domain Names for profit, and holding a large portfolio of Domain Names, are of themselves lawful activities.
  • If a registrant gets a track record of registering brand names etc, this can and will be used against them as Evidence of Unfair Registration.

Just digressing back across the ditch to .au land, I wonder if Volkswagen ever tried to have a go at the registrant of VW.com.au? They seem to have been in business for a long time, and obviously have a legitimate use of the acronym.


Motivational Quote Of The Day

“Your attitude, not your aptitude, will determine your altitude.”

– Zig Ziglar