Transformer Winding Services Ltd v Marcus Maraldo [2008] NZDNC 311

[2008] - NZDNC - 311
Dismissed - Rights ; Complainant's Rights - Dismissed - Rights

The complainant provided little information on itself other than its name and an invitation for the expert to view their website. The complainant manufactures transformers. The respondent's website provides definitions related to the field of transformer manufacture and supply.

The domain name was registered in 2005 and displayed the respondent's website which described the operations of Stemar Group, to which Transformer Winding Services (Aust) Pty Limited is a member of. The respondent alleged that it had registered other domain names that were similar to the disputed domain name.

The complainant claimed that the domain name was identical or similar and the complainant had rights to the domain name due to the company name which it had been registered under. The domain name was an unfair registration. The respondent argued that the domain name was registered in good faith and it was not unfair because the respondent had no intention of trading the registration, nor did it intend to block the complainant's registration.

The name is effectively descriptive of the service that the complainant provided. The complainant could not rely on registered trademark rights, since it had none. A company name does not create an enforceable right as envisioned by the Policy. There is no evidence that the name had gained reputation through trading either so the expert found that it was wholly descriptive and the case was dismissed.

Link to NZLII Decision

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