1saleaday.com.au shut down by trademark dispute

An Australian website has been forced to close after a trademark dispute with a US company of the same name.

According to the dispute, the US owner tried to establish the 1SaleADay website in Australia with the assistance of Australian representatives.  The relationship did not go well and there was a dispute regarding the ongoing use of the trademark as a domain name.

The US owner then applied to have the domain name transferred to them.  The Panel concluded:

“In this Panel’s opinion, it is clear that the Respondents registered the disputed domain names because they were aware of the Complainants’ business under the 1SALEADAY trademark and wished to benefit from the goodwill and reputation of that business and trademark without first obtaining the consent of the Complainants to do so. It follows that the Respondents’ provision of goods or services under the disputed domain names before notice of this disputed was not a bona fide use of the disputed domain names of the type envisaged by paragraph 4(c)(i) of the Policy. The Complainants have made out a prima facie case of the Respondents having no right or legitimate interest in the disputed domain names, and the Respondents have not rebutted this prima facie case. Accordingly, this Panel finds that the Respondents have no rights or legitimate interests in the disputed domain names.”

This highlights the issues involved with trademarks and domain names and the importance of setting the ground rules early.

Here is the Australian trademark application for “1SaleADay” – link

Here is the WIPO dispute – link

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