Domain Name Enquiries

Administered by the Commission, the dispute resolution service is an alternative to litigation and can be used when someone wants to dispute a domain name registration as they assert that they have a better claim to it.

3

expert decisions (1 dismissed, 2 transferred).

14

are still on-going.

4

have settled outside of mediation (where parties sorted it out themselves).

16

disputes were withdrawn as no fees were paid.

2

were wrongly filed involving Incorrect use of the Service.

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Case study: wuerth.nz (Result - transferred)

Complainant: Würth international AG

Respondent: Zhu Xumei (who registered the domain name in 2019.)

The expert determined that this was an unfair registration because the complainant had rights in respect of the trademark “Würth”; the spelling of “Wuerth” is a recognised transcription of the spelling of “Würth” (‘ue’ used to replace the umlaut in ‘ü’); and the complainant had provided sufficient evidence to show the respondent had registered the domain name for the purpose of sale for profit.

 

http://www.nzlii.org/nz/cases/NZDNC/2021/1426.html

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Case study: havaianas.co.nz (Result - dismissed)

Complainant: ALPARGATAS, S.A. 

Respondent: FluiD Multimedia

The complainant alleged that due to the notoriety of the 60-year-old brand it could be inferred that the registration was either a blocking registration or was made with the purpose of disrupting the complainant’s business. The expert found that there was not sufficient evidence to find an unfair registration noting that the name was registered in 2005 and only acts of omissions within three years of the complaint could be considered. 

 

http://www.nzlii.org/nz/cases/NZDNC/2021/1430.html

 

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