solarquotes.net.au auDRP

[FirstPageResults]

Interesting one, developed website in a competitive niche.

I wonder if the compliant is the registrant of the .com.au

 

[acheeva]

Slightly different; but I just had a singular name challenged (presumably by the plural)

The name was somewhat generic and the domain was reinstated within a day of my reply

 

[findtim]

I happen to personally know that the solarquotes.com.au guy has spent MASSIVE money building his business online, ( as i am a competitor of him and NO... i have nothing to do with this nor have any interest in it ) just a shame he didn't bother to spend a few bucks grabbing his other domain extensions !

i actually have inside info on his business which i would never speak of here and thats how i do business.

you have to protect yourself but where do you stop in registering domains around the primary? add an "s" , misspell it, etccccc ?

( when i say i am the competitor i actually mean i am the marketer of the competitor and not the owner )

My first thoughts are he should have registered the .net.au as he was being sooooo successful so he left himself open to this.

On many occassions i have picked up the phone to competitors and said " please register this domain or else i will " because somebody else will and it will be a S$%T fight !

i'd rather have my competitor have it then someone else, THEN i know who i am dealing against/with

solarpanels is just another example of businesses coming "late to the game" and crying POOR.

The problem i see is , and sorry i have said it many times is that the business registration and the domain name registration and the trademark and copyright laws are not in TUNE !

PLEASE slag me off as i need to solve this issue in my brain.

tim

 

[Cooper Mills DomainLawyer]

I happen to personally know that the solarquotes.com.au guy has spent MASSIVE money building his business online, ( as i am a competitor of him and NO... i have nothing to do with this nor have any interest in it ) just a shame he didn't bother to spend a few bucks grabbing his other domain extensions !

i actually have inside info on his business which i would never speak of here and thats how i do business.

you have to protect yourself but where do you stop in registering domains around the primary? add an "s" , misspell it, etccccc ?

( when i say i am the competitor i actually mean i am the marketer of the competitor and not the owner )

My first thoughts are he should have registered the .net.au as he was being sooooo successful so he left himself open to this.

On many occassions i have picked up the phone to competitors and said " please register this domain or else i will " because somebody else will and it will be a S$%T fight !

i'd rather have my competitor have it then someone else, THEN i know who i am dealing against/with

solarpanels is just another example of businesses coming "late to the game" and crying POOR.

The problem i see is , and sorry i have said it many times is that the business registration and the domain name registration and the trademark and copyright laws are not in TUNE !

PLEASE slag me off as i need to solve this issue in my brain.

tim

Hi Tim

I agree that it is best to register the .net.au as well, many problems can be avoided.

As for the law, I think the law is fine (not perfect). It is more practical steps that will solve many of these types of disputes like registering the .net.au or where appropriate, getting trade mark registration. I always recommend that my clients register a trade mark if they want to get serious about an online venture, it saves a lot of grief down the track.

Cheers
E

 

[findtim]

thanks cooper for that info.

i have no trademarks and the reason is each time i have rung the trademark people they bascially tell me " its costs you THIS for THAT sector and if S%^&T hits the fan we will do nothing for you"

and i have made that phone call 5 times so far in the past 5 years each time a client asks me "what do i do" ?

I had a client that had a domain name for 9 years, no trademark, he was in cairns and some sydney guy registered a domain name, business name and tradmarked it and then told the cairns guy ( who was not a competitor) to cease trade !!! wheres the fairness in that, they were photographers so there was no "distribution" of product.... it was just all local.

Not only that but the sydney guy sent me an email and told me to DELETE my clients website or he would sue ME ! ....? why is he sueing me?

i rang the guy up and asked him if he had sent the same email to yellowpages? DH, anyway i refused and said i'm doing nothing till i hear from the client and so he sent me a solicitors letter ! once again i rang him up and asked if he had done that to yellowpages? DH2 ,

So cooper please elighten me , whats the point?

the last person i spoke to said " mate, you have an established business for the last 10 years on this domain name and business name nobody will be able to oust you" what he didn't say is i'd have to probably go to court and spend thousands to make the other person go away.

BUT, the moral of my rant is you pay the trademark commission money and they have told me they will do nothing for you... is this right?

tim

 

[Cooper Mills DomainLawyer]

thanks cooper for that info.

i have no trademarks and the reason is each time i have rung the trademark people they bascially tell me " its costs you THIS for THAT sector and if S%^&T hits the fan we will do nothing for you"

and i have made that phone call 5 times so far in the past 5 years each time a client asks me "what do i do" ?

I had a client that had a domain name for 9 years, no trademark, he was in cairns and some sydney guy registered a domain name, business name and tradmarked it and then told the cairns guy ( who was not a competitor) to cease trade !!! wheres the fairness in that, they were photographers so there was no "distribution" of product.... it was just all local.

Not only that but the sydney guy sent me an email and told me to DELETE my clients website or he would sue ME ! ....? why is he sueing me?

i rang the guy up and asked him if he had sent the same email to yellowpages? DH, anyway i refused and said i'm doing nothing till i hear from the client and so he sent me a solicitors letter ! once again i rang him up and asked if he had done that to yellowpages? DH2 ,

So cooper please elighten me , whats the point?

the last person i spoke to said " mate, you have an established business for the last 10 years on this domain name and business name nobody will be able to oust you" what he didn't say is i'd have to probably go to court and spend thousands to make the other person go away.

BUT, the moral of my rant is you pay the trademark commission money and they have told me they will do nothing for you... is this right?

tim

Hi Tim, sounds like you haven't had the right advice. In the case of your client having prior use of the trademark, there are avenues to have the trade mark (registered by the Sydney guy) removed from the register. Unlike some jurisdictions, first to use a trade mark in Australia is the key, not the first to register.

Trade marks give you strong protection if the application is properly done in the first place. Feel free to give me a call or PM me if you want to discuss a particular case, happy to give you some more information. If I was your client I would be sending an appropriately worded response to this guy in Sydney

Cheers
EK

 

[findtim]

My client luckily had pretty much moved on from that business so in the end he just said " F it" and closed it, leaving himself with a thousand business cards, countless adverts in publications and dare i say yellowpages adverts but he didn't seem to care !!!!

but i do get asked this OFTEN so now i know you exist i'll just palm it off as i don't have time for it, NOR know or want to know anything about it.

i think its a BIG issue trademark, i've said it before that the business rego / domain rego and trademark all seem to operate seperately when i think there should be some common ground.

 

[FirstPageResults]

So it was the .com.au complaining:

http://www.auda.org.au/pdf/LEADR-auDRP0212.pdf

Thoughts?

 

[soj]

So it was the .com.au complaining:

http://www.auda.org.au/pdf/LEADR-auDRP0212.pdf

Thoughts?

Good spotting FPR.

I would urge everyone here to read the decision, because it is an object lesson on a number of fronts - including how not to respond to a complaint.

I also can't believe some of the things the respondent allegedly did!

Most importantly, the respondent didn't actually file a proper response, so he was behind the "8 Ball" to start with.

7.2 The Respondent has not filed a Response to the Complaint but has expressed a view in
correspondence as to his entitlement to the domain name, expressed in 4.10, above.

It also looks like the guy was originally offered a deal by the complainant, but didn't take it up. Then he panicked when they filed, and tried to accept it then. Too late.

3.5 At 4.17 pm on 1-03-2012 LEADR received a response to its email from
info@energywisegroup etc which stated, "We are happy to settle this matter by removing the
web site and selling the domain name as previously arranged."

 

[Cooper Mills DomainLawyer]

Good spotting FPR.

I would urge everyone here to read the decision, because it is an object lesson on a number of fronts - including how not to respond to a complaint.

I also can't believe some of the things the respondent allegedly did!

Most importantly, the respondent didn't actually file a proper response, so he was behind the "8 Ball" to start with.



It also looks like the guy was originally offered a deal by the complainant, but didn't take it up. Then he panicked when they filed, and tried to accept it then. Too late.

I agree with you Ned, the Respondent didn't do himself any favours, and as a consequence he leaves the panel no where else to go but to bring down an adverse decision.