WIPO Domain Name Dispute win
October 2008
On 29 July 2008, our client, Mr Paul Klerck of Info Link IT Pty Ltd received a complaint from the World Intellectual Property Organisation (‘WIPO’) concerning a number of domain names registered by Info Link IT Pty Ltd and used to sell accommodation for hotels managed by the Stella Group (‘Stella’), Australia’s largest vertically integrated travel business and second largest accommodation provider.
The complaint was brought pursuant to the Internet Corporation for Assigned Names and Numbers (‘ICANN’)’s Uniform Domain Name Dispute Policy (‘UDRP’). Among other things, Stella alleged in the complaint that:
- The domain names are confusingly similar to trademark in which Stella has rights;
- Mr Klerck has no legitimate interests in respect of the domain names; and
- The domain names were (and are) being used in bad faith.
Irish Bentley Lawyers prepared thorough responses to Stella’s allegations, and received notification of a decision by WIPO on 30 September 2008. The WIPO Panel:
- Unanimously found “no element of the Complainant’s [Stella’s] case convincing”;
- Found our arguments generally “meticulous and detailed”;
- Found Stella was attempting to use the proceedings to “reverse domain name hijack” our client’s domain names.
This decision is exceptional given:
- An overwhelming percentage (at least 60%) of domain name disputes decided under this particular policy are found for the complainant; and
- Findings of reverse domain name hijacking are an extremely rare occurrence.
Irish Bentley Lawyers is pleased to add this result to our demonstrated ability to perform in the developing areas of information technology and intellectual property law and continue to obtain exceptional results for our clients.
Mr Klerck was represented by Irish Bentley Lawyers. Stella Group was represented by Mallesons Stephen Jaques.
For a full copy of the WIPO decision, please go to: http://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-1149.html
