Harcourts Group Ltd v Petrov Sergei [2006] NZDNC 109

Dismissed ; Complainant's Rights

wwwharcourts.co.nz - Dismissed

The parent company of the complainant is the owner of the trademark HARCOURTS in New Zealand, Australia and more. The trade marks are generally used in the real estate business. It is apparent that the mark is owned by a separate entity other than the Complainant, but the Complainant is licensed to use the HARCOURTS mark in NZ.

The domain name presents itself as an informational site that contained headings of many different sectors such as "business", "health" and "legal". The license that grants the trade mark rights is dated 2006 after the complaint, but the term is stated to commence from 2003. However, the terms of the licensing agreement clearly state that the complainant does not gain any rights in law regarding the mark, meaning that the complainant does not have registered trade mark rights. As a result, the expert dismissed the complaint.

Link to NZLII Decision


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