InterCity Group (NZ) Limited v Traction Group Limited [2006] NZDNC 101

[2006] - NZDNC - 101
Transferred ; Unfair Registration - Transferred - Unfair Registration

The complainant operates a long-distance bus and coach service across New Zealand, using the INTERCITY brand. The mark is registered as a trade mark and owned by the complainant. The respondent claimed to have registered the domain name in 2001 but the registration under the respondent was shown to have been in 2002.

When the complainant learned of the registration and requested a transfer from the respondent, the respondent declined on grounds that it intended to use the domain name in the future and that the domain name consists of generic words that no one can claim monopoly to.

The complainant claimed that the registration was unfair as it took advantage of their rights. The respondent argues the registration was not made in bad faith and maintained the wish to use the domain name in the future. The complainant argues that it is not trying to monopolise a common phrase but relying on its registered trademark rights.

The expert found that the .complainant has shown the disputed domain name has been and is likely to be used in a manner that took unfair advantage of or was unduly detrimental to the complainant's rights.

Link to NZLII Decision

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