iBurst in domain name squabble
Modise Sikhosana, an iBurst reseller and owner of the domain name http://www.iburstlive.co.za/ , said that iBurst is forcing him to transfer his domain name to them.
Sikhosana said that while iBurst has offered him a maximum compensation amount of R 5000-00, this is nowhere close what he stands to lose in revenue if he loses his iBurst reselling domain name. According to Sikhosana he registered and used his domain name with the knowledge and approval of iBurst from the start.
iBurst confirmed that they are have asked for the domain name to be transferred to them, but disputes that they authorized the use of the iBurst name in the reseller URL.
“Yes, we have been enforcing this with all our partners who have been using these URLs without authorization for the last year. To date, our partners have been very co-operative with this process,” iBurst said about the transfer of iBurst related domain names.
“iBurst owns the intellectual property of the iBurst brand and logo. It is a proprietary interest which we need to protect, which we are legally entitled to do,” the wireless broadband provider said.
iBurst said that they can not allow anyone to use the iBurst name and logo as and when they feel, as they need to ‘guard against damage to our brand and iBurst as a company’.
“By people using the iBurst name on a url, it causes confusion and may mislead the public. So, if someone is unhappy about that particular website/service, they automatically see "iBurst" and make associations to the company and its service/reputation,” iBurst pointed out.
iBurst further said that their partner agreements clearly stipulate that the iBurst logo and name may not be used without authorization.
Sikhosana felt that this may be an indication that iBurst is making it tough for resellers, but iBurst said that this is definitely not the case.
“Resellers are an integral part of our business and we encourage and support them in many ways. Resellers with outstanding performance are provided with additional marketing support above and beyond the contract stipulations,” iBurst said.
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