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Telkom Media first to win domain name dispute
- Thread starter rpm
- Start date
crbuys
Legal Expert: Internet
Download the Telkommedia decision
Hi all,
The telkommmedia.co.za complaint and decision is available here: http://www.buys.co.za/downloads_detail.asp?ID=54
Regards,
Hi all,
The telkommmedia.co.za complaint and decision is available here: http://www.buys.co.za/downloads_detail.asp?ID=54
Regards,
Debbie
Banned
Interesting that it would be decided in a case where the central 'brand' name in question is not exactly unique in the world- eg telkom indonesia, telkom kenya.
risingtide
Senior Member
- Joined
- Mar 19, 2007
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- 693
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Which is OK as long as it has to be paid by the losing party.
How out of touch are Telkom that they start a company in the 21st Century and don't think to register the domain name first?
Isn't it ironic that the only company we're allowed to get the internet from, doesn't get the internet?
Isn't it ironic that the only company we're allowed to get the internet from, doesn't get the internet?
chiskop
Executive Member
Yeah, kifoth, you're right.
But it really looks like someone was taking a chance, and lost. Despite our feelings for Telkom, surely this is how we'd want the dispute resolution to work if we were in their position?
But it really looks like someone was taking a chance, and lost. Despite our feelings for Telkom, surely this is how we'd want the dispute resolution to work if we were in their position?
crbuys
Legal Expert: Internet
Unique trademarks and domain names
Neither the Trademarks Act nor the ZA ADR Regulations require a brand name to be unique. Most are not.
If there was a unique requirement, well known brands like Standard Bank, Mc Donalds and others would be in serious trouble.
The ZA ADR Regulations only requires that the Complainant proces rights (e.g. trademark rights, name rights ect) in terms of a name that is similar to the disputed domain name in South Africa.
The fact that others may also show rights in the same name internationally is neither here nor there.
Regards,
Neither the Trademarks Act nor the ZA ADR Regulations require a brand name to be unique. Most are not.
If there was a unique requirement, well known brands like Standard Bank, Mc Donalds and others would be in serious trouble.
The ZA ADR Regulations only requires that the Complainant proces rights (e.g. trademark rights, name rights ect) in terms of a name that is similar to the disputed domain name in South Africa.
The fact that others may also show rights in the same name internationally is neither here nor there.
Regards,
Personally I find it far more interesting that Telkodemonopolies thinks its own brand name is still worth anything [positive], why not name the new offshoot something else?
If anything, the Telkodemonopolies in TelkodemonopoliesMedia is likely to make consumers want to hurl and then run towards the nearest competitor - even towards mythical competitors like NeOTel.
If anything, the Telkodemonopolies in TelkodemonopoliesMedia is likely to make consumers want to hurl and then run towards the nearest competitor - even towards mythical competitors like NeOTel.