Disputes resolution (2022-2023)

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Case study — dispute resolution mediation success 

Following a recent family separation, a couple had an issue as to who should have rights to a domain name, which was critical to the continued operation of the couple’s business that was being taken over by one of the parties. Using the DNCL’s ODR platform, within weeks of raising their issue, a settlement agreement was signed and the domain name was transferred.

DRS submissions in 2022-2023 chart. See a full description below.

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Case: kiwibanks.co.nz (Result — transferred)

Complainant:  Kiwibank Limited

Respondent: TY Lam

The complainant is a New Zealand bank established in 2002 with trademarks in the banking, insurance and finance industry. It operated predominantly under the domain name <kiwibank.co.nz> registered in 2001. The disputed domain name was registered in 2016 and resolved to a page where the domain name was offered for sale. The complainant contacted the email address linked to the registration, and a large figure was requested for transfer.

The expert found that the domain name was similar to trade marks held and was registered primarily for the purpose of sale for excess consideration, making it an unfair registration under the policy.

Read the decision
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Case: ventair.co.nz (Result — transferred)

Complainant: Ventair Pty Ltd

Respondent: EvolutionFX 

The complainant, Ventair Pty Ltd, is an Australian company that manufactures and distributes air movement products. An ex-employee set up and incorporated a rival business, EvolutionFX, and registered the disputed domain name. 

The expert found that the history could be taken to mean the respondent knowingly used <Ventair.co.nz> to compete with the complainant, taking advantage of the complainant’s right to the name and, therefore, was an unfair registration.

Read the decision

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