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  #1  
Old 14-01-11, 12:40 AM
Ash Ash is offline
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Default perth airport / com / au being sued

The Westralia Airports Corporation are suing over the use of perth airport / com / au...

http://au.news.yahoo.com/thewest/bus...ite-squatters/
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  #2  
Old 14-01-11, 01:55 AM
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italiandragon italiandragon is offline
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Interesting to see what happens
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  #3  
Old 14-01-11, 06:40 AM
DavidL DavidL is offline
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Especially as the registrant already successfully defended an audrp

http://www.leadr.com.au/auda/Decision_auDRP_07_08.pdf
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  #4  
Old 14-01-11, 08:12 AM
DomainNames DomainNames is offline
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Quote:
Originally Posted by just View Post
The Westralia Airports Corporation are suing over the use of perth airport / com / au...

http://au.news.yahoo.com/thewest/bus...ite-squatters/
They wil lose this court case and I hope the registrant countersues them for damages and costs. Their lawyers obviously want more money and will drag it on
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  #5  
Old 14-01-11, 09:25 AM
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snoopy snoopy is offline
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They are walking a very fine line with the registration and use in my view, personally I wouldn't be fighting it. If you read that UDRP it was no slam dunk victory either.
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  #6  
Old 14-01-11, 09:45 AM
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geodomains geodomains is offline
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I wonder how dot.com in this area would be viewed, I've had www.goldcoastairport.com , www.sunshinecoastairport.com and www.herveybayairport.com ranking for years under the .com.au websites with no problems.
I always have a link to the actual website for the airport from my site.

They tick along nicely re sales of car rentals, flights and accommodation.

Mind you the first 2 domains were dropped by the airports and I purchased on a drop service, in both cases I think they were dropped by accident.

Don
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  #7  
Old 14-01-11, 10:52 AM
DavidL DavidL is offline
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Quote:
Originally Posted by snoopy View Post
They are walking a very fine line with the registration and use in my view, personally I wouldn't be fighting it. If you read that UDRP it was no slam dunk victory either.
Wouldn't you? The fact is that 'Perth Airport' is an official locality - a suburb of Perth just like Claremont for example.

auDA withheld it with thousands of other geographic domains and then released to the public so they obviously considered it 'generic' too.

Would Sydney City Council have a claim on Sydney.com.au? I don't think so.

I reckon good on the registrant in defending this and not bowing to bullying lawyer pressure.

I'd also note that "Perth Airport" is a TM and despite this the auDRP complaint was denied. As I've said many times bad faith is all about the use! (however saying that apparently he has the airport's logo on the site - that's not going to help the case!)
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  #8  
Old 14-01-11, 11:43 AM
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snoopy snoopy is offline
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Quote:
Originally Posted by DavidL View Post
Wouldn't you? The fact is that 'Perth Airport' is an official locality - a suburb of Perth just like Claremont for example.

auDA withheld it with thousands of other geographic domains and then released to the public so they obviously considered it 'generic' too.

Would Sydney City Council have a claim on Sydney.com.au? I don't think so.

I reckon good on the registrant in defending this and not bowing to bullying lawyer pressure.

I'd also note that "Perth Airport" is a TM and despite this the auDRP complaint was denied. As I've said many times bad faith is all about the use! (however saying that apparently he has the airport's logo on the site - that's not going to help the case!)
It is known for being the name of an airport, it isn't comparable to a suburb with hundreds of land owners. Very few people are likely to associate the term "perth airport" as being a suburb and clearly the use of the name was related to the airport. What else is it going to be about other than what the trademark relates to?

You can read the UDRP complaint, it only failed on one element, that is a close call. Personally I would not defend this name, I think the owner has a very real chance of losing a significant amount of money in court defending a name that is dicey.
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  #9  
Old 14-01-11, 03:17 PM
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Jayden Jayden is offline
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Quote:
Originally Posted by geodomains View Post
I wonder how dot.com in this area would be viewed, I've had www.goldcoastairport.com , www.sunshinecoastairport.com and www.herveybayairport.com ranking for years under the .com.au websites with no problems.
I always have a link to the actual website for the airport from my site.

They tick along nicely re sales of car rentals, flights and accommodation.

Mind you the first 2 domains were dropped by the airports and I purchased on a drop service, in both cases I think they were dropped by accident.

Don
that's awesome! i'm new here so learning about setting up sites like this and letting them tick over some decent traffic is heaps interesting. Is adsense the best way of advertising? I'm sure there's topics on this - I'll have to keep digging around the forum
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  #10  
Old 14-01-11, 10:44 PM
tovtodah tovtodah is offline
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There is a big difference between a hearing by a tribunal such as UDRP and hearing in the Federal Court. The issues will be very different.

Would love to know what the "reasonable offer" was. Probably cost a fortune in legal fees. Wouldn't want to be the losing party and have to pay the other persons costs.
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