An arbitrator has ordered that the domain names featuring the word Telkom must be relinquished by the company that registered them, Customer Care Solutions, as it had no right to own them.<\/p>\n
The disputed websites were telkombusiness.co.za, telkom business.co.za, telkom-internet. co.za, telkomcorporate.co.za and telkom-corporate.co.za. Telkom said it held the right to use its brand name and that the domains registered were identical or similar to the Telkom name.<\/p>\n
\u201cWe argued that Customer Care Solutions intentionally registered the domain names in an effort to block Telkom from doing so,\u201d said its legal representative Reinhardt Buys. \u201cTelkom is a very well known trade name in SA and by registering the domain name, Customer Care Solutions created the impression that it is somehow associated with or connected with Telkom. In fact the two companies are direct competitors.\u201d<\/p>\n
The regulations that created the dispute resolution service were issued by the communications minister in November.<\/p>\n
The service allows companies or individuals to challenge anyone who has registered an internet address they may not have the right to own, without having to instigate expensive legal action.<\/p>\n
Customer Care Solutions did not explain why it registered the names, but argued that the regulations did not apply retrospectively. Adjudicator Deon Bouwer rejected that argument and said Telkom\u2019s complaint was valid.<\/p>\n
He upheld Telkom\u2019s claim that its rival had registered the names to prevent Telkom from using them itself and ordered that ownership of the addresses be transferred to Telkom.<\/p>\n
Telkom became the first firm to win a dispute under the new process last month, when Cool Ideas was ordered to hand over the name telkommedia.co.za.<\/p>\n
Cool Ideas registered that address on September 4 last year, soon after Telkom\u2019s subsidiary Telkom Media announced plans to apply for a licence to operate a pay-TV service. The adjudicator ruled that Cool Ideas registered the domain in bad faith to prevent Telkom from doing so, and to disrupt its business.<\/p>\n