Facebook wins dispute over Australian domain name
In Facebook, Inc. v. Callverse Pty Ltd, (Case No. DAU2008-0007) an Administrative Panel Decision of the WIPO Arbitration and Mediation Center handed down on 4 June 2008, the Complainant was U.S. company Facebook, Inc. (Facebook) which operates a popular online social networking website at www.facebook.com/ and has five registered trade marks for the word FACEBOOK in Australia, two of which were registered prior to the commencement of this proceeding.
The Respondent, Australian company Callverse Pty Ltd (Callverse), at the material time, operated “an established click-to-call service” that was “launching soon” at the website www.facebook.com.au/
An all Australian Panel comprising John Swinson (Presiding), Warwick Rothnie (the barrister behind the IPWars blog) and James Barker, found for the Complainant on the basis that the three elements enumerated in paragraph 4(a) of Schedule A of the .au Dispute Resolution Policy (auDRP), were satisfied, namely:
- the domain name registered by the Respondent was identical or confusingly similar to a name, trade mark or service mark in which the Complainant had rights; and
- the Respondent had no rights or legitimate interests in respect to the domain name (that is, it failed the tests set out at paragraph 4(c) of Schedule A of the auDRP); and
- the Respondent had used the disputed domain name <facebook.com.au> in bad faith.
The Panel ordered that the disputed domain name be transferred to Facebook Inc.
Given the basis of the decision, even had the complaint been made after the new auDA Transfers (Change of Registrant) Policy (2008-08) took effect on 1 June 2008 (previously discussed HERE), the outcome would be the same.
Details of the Facebook decision can be found HERE.
