Melbourne IT CBS v E-Promote [2007] NZDNC 235

[2007] - NZDNC - 235
Dismissed - Rights ; Complainant's Rights - Dismissed - Rights

The complainant stated that their client UMBRO International Ltd was the owner of the trade mark UMBRO in New Zealand and asserted that the respondent was using the domain name to earn pay-per-click revenue, linking to sites that sold the same products that UMBRO sold.
The complainant must show that the complainant has the rights to the name that is identical or similar to the domain name. The owner of the mark in question is UMBRO, who is a client of the complainant in this case. As UMBRO is not the complainant, the case had to be dismissed.

It was considered whether an amendment should be made to add UMBRO as an additional complainant but no amendment was sought. If the new additional complainant is added, the respondent would need to re-notified and the respondent would be given more time to re-file a response. The expert considered it pointless to do so and dismissed the case, permitting UMBRO to bring a fresh proceeding if so desired.

Link to NZLII Decision

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